NORTH CAROLINA
REGISTER
VOLUME 29 ● ISSUE 10 ● Pages 1187 - 1288
November 17, 2014
I. IN ADDITION
Building Code Council – Notice of Rulemaking Proceedings ........................... 1187 – 1191
II. PROPOSED RULES
Commerce, Department of
Industrial Commission .................................................................................... 1192 – 1196
Labor, Department of
Department...................................................................................................... 1196 – 1204
III. TEMPORARY RULES
Environment and Natural Resources, Department of
Environmental Management Commission ...................................................... 1206 – 1215
Health and Human Services, Department of
Social Services Commission ........................................................................... 1205 – 1206
IV. RULES REVIEW COMMISSION ................................................................. 1216 – 1223
V. CONTESTED CASE DECISIONS
Index to ALJ Decisions ...................................................................................... 1224 – 1228
Text of ALJ Decisions
13 EDC 11604 ................................................................................................ 1237 – 1243
13 EDC 20059 ................................................................................................ 1244 – 1254
13 DHR 18668 ................................................................................................ 1229 – 1236
13 OSP 13014 ................................................................................................. 1255 – 1272
13 OSP 19827 ................................................................................................. 1273 – 1288
PUBLISHED BY
The Office of Administrative Hearings
Rules Division
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone (919) 431-3000
Fax (919) 431-3104
Julian Mann III, Director
Molly Masich, Codifier of Rules
Dana Vojtko, Publications Coordinator
Tammara Chalmers, Editorial Assistant
Lindsay Woy, Editorial Assistant
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
Contact List for Rulemaking Questions or Concerns
For questions or concerns regarding the Administrative Procedure Act or any of its components, consult with
the agencies below. The bolded headings are typical issues which the given agency can address, but are not
inclusive.
Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc.
Office of Administrative Hearings
Rules Division
1711 New Hope Church Road
Raleigh, North Carolina 27609
(919) 431-3000
(919) 431-3104 FAX
contact: Molly Masich, Codifier of Rules
Dana Vojtko, Publications Coordinator
Tammara Chalmers, Editorial Assistant
Lindsay Woy, Editorial Assistant
molly.masich@oah.nc.gov
dana.vojtko@oah.nc.gov
tammara.chalmers@oah.nc.gov
lindsay.woy@oah.nc.gov
(919) 431-3071
(919) 431-3075
(919) 431-3083
(919) 431-3078
Rule Review and Legal Issues
Rules Review Commission
1711 New Hope Church Road
Raleigh, North Carolina 27609
(919) 431-3000
(919) 431-3104 FAX
contact: Abigail Hammond, Commission Counsel
Amber Cronk May, Commission Counsel
Amanda Reeder, Commission Counsel
Julie Brincefield, Administrative Assistant
Alexander Burgos, Paralegal
abigail.hammond@oah.nc.gov
amber.may@oah.nc.gov
amanda.reeder@oah.nc.gov
julie.brincefield@oah.nc.gov
alexander.burgos@oah.nc.gov
(919) 431-3076
(919) 431-3074
(919) 431-3079
(919) 431-3073
(919) 431-3080
Fiscal Notes & Economic Analysis and Governor's Review
Office of State Budget and Management
116 West Jones Street
Raleigh, North Carolina 27603-8005
Contact: Anca Grozav, Economic Analyst
NC Association of County Commissioners
215 North Dawson Street
Raleigh, North Carolina 27603
contact: Amy Bason
NC League of Municipalities
215 North Dawson Street
Raleigh, North Carolina 27603
contact: Sarah Collins
(919) 807-4700
(919) 733-0640 FAX
osbmruleanalysis@osbm.nc.gov
(919) 807-4740
(919) 715-2893
amy.bason@ncacc.org
(919) 715-4000
scollins@nclm.org
Legislative Process Concerning Rule-making
Joint Legislative Administrative Procedure Oversight Committee
545 Legislative Office Building
300 North Salisbury Street
(919) 733-2578
Raleigh, North Carolina 27611
(919) 715-5460 FAX
contact: Karen Cochrane-Brown, Staff Attorney
Jeff Hudson, Staff Attorney
Karen.cochrane-brown@ncleg.net
Jeffrey.hudson@ncleg.net
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA REGISTER
Publication Schedule for January 2014 – December 2014
FILING DEADLINES
Volume &
issue
number
Issue date
28:13
NOTICE OF TEXT
TEMPORARY
RULES
PERMANENT RULE
Deadline to submit
to RRC
for review at
next meeting
Earliest Eff.
Date of
Permanent Rule
Delayed Eff. Date of
Permanent Rule
Last day
for filing
Earliest date for
public hearing
End of required
comment
Period
01/02/14
12/06/13
01/17/14
03/03/14
03/20/14
05/01/14
05/2014
09/29/14
28:14
01/15/14
12/19/13
01/30/14
03/17/14
03/20/14
05/01/14
05/2014
10/12/14
28:15
02/03/14
01/10/14
02/18/14
04/04/14
04/21/14
06/01/14
01/2015
10/31/14
28:16
02/17/14
01/27/14
03/04/14
04/21/14
05/20/14
07/01/14
01/2015
11/14/14
28:17
03/03/14
02/10/14
03/18/14
05/02/14
05/20/14
07/01/14
01/2015
11/28/14
28:18
03/17/14
02/24/14
04/01/14
05/16/14
05/20/14
07/01/14
01/2015
12/12/14
28:19
04/01/14
03/11/14
04/16/14
06/02/14
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08/01/14
01/2015
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03/25/14
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08/01/14
01/2015
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04/09/14
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09/01/14
01/2015
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04/24/14
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09/01/14
01/2015
02/09/15
28:23
06/02/14
05/09/14
06/17/14
08/01/14
08/20/14
10/01/14
01/2015
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05/23/14
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10/01/14
01/2015
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29:01
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11/01/14
01/2015
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09/22/14
11/01/14
01/2015
04/11/15
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07/11/14
08/16/14
09/30/14
10/20/14
12/01/14
01/2015
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10/14/14
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12/01/14
01/2015
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08/11/14
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11/03/14
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01/01/15
01/2015
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08/22/14
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01/01/15
01/2015
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10/01/14
09/10/14
10/16/14
12/01/14
12/22/14
02/01/15
05/2016
06/28/15
29:08
10/15/14
09/24/14
10/30/14
12/15/14
12/22/14
02/01/15
05/2016
07/12/15
29:09
11/03/14
10/13/14
11/18/14
01/02/15
01/20/15
03/01/15
05/2016
07/31/15
29:10
11/17/14
10/24/14
12/02/14
01/16/15
01/20/15
03/01/15
05/2016
08/14/15
29:11
12/01/14
11/05/14
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01/30/15
02/20/15
04/01/15
05/2016
08/28/15
29:12
12/15/14
11/20/14
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02/13/15
02/20/15
04/01/15
05/2016
09/11/15
31st legislative day of the
session beginning:
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
270th day from publication
in the Register
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling.
Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
FILING DEADLINES
GENERAL
The North Carolina Register shall be published twice
a month and contains the following information
submitted for publication by a state agency:
(1)
temporary rules;
(2)
text of proposed rules;
(3)
text of permanent rules approved by the Rules
Review Commission;
(4)
emergency rules
(5)
Executive Orders of the Governor;
(6)
final decision letters from the U.S. Attorney
General concerning changes in laws affecting
voting in a jurisdiction subject of Section 5 of
the Voting Rights Act of 1965, as required by
G.S. 120-30.9H; and
(7)
other information the Codifier of Rules
determines to be helpful to the public.
COMPUTING TIME:
In computing time in the
schedule, the day of publication of the North Carolina
Register is not included. The last day of the period so
computed is included, unless it is a Saturday, Sunday,
or State holiday, in which event the period runs until
the preceding day which is not a Saturday, Sunday, or
State holiday.
The Register is published on the first
and fifteen of each month if the first or fifteenth of
the month is not a Saturday, Sunday, or State holiday
for employees mandated by the State Personnel
Commission. If the first or fifteenth of any month is
a Saturday, Sunday, or a holiday for State employees,
the North Carolina Register issue for that day will be
published on the day of that month after the first or
fifteenth that is not a Saturday, Sunday, or holiday for
State employees.
ISSUE DATE:
LAST DAY FOR FILING:
The last day for filing for any
issue is 15 days before the issue date excluding
Saturdays, Sundays, and holidays for State
employees.
NOTICE OF TEXT
The hearing
date shall be at least 15 days after the date a notice of
the hearing is published.
EARLIEST DATE FOR PUBLIC HEARING:
END
OF
REQUIRED
COMMENT
PERIOD
An agency shall accept comments on the text of a
proposed rule for at least 60 days after the text is
published or until the date of any public hearings held
on the proposed rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES REVIEW
COMMISSION: The Commission shall review a rule
submitted to it on or before the twentieth of a month
by the last day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT REGULAR
SESSION OF THE GENERAL ASSEMBLY: This date is
the first legislative day of the next regular session of
the General Assembly following approval of the rule
by the Rules Review Commission. See G.S. 150B21.3, Effective date of rules.
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
IN ADDITION
NOTICE OF RULE MAKING PROCEEDINGS AND PUBLIC HEARING
NORTH CAROLINA BUILDING CODE COUNCIL
Notice of Rule-making Proceedings is hereby given by NC Building Code Council in accordance with G.S. 150B-21.5(d).
Citation to Existing Rule Affected by this Rule-Making:
Mechanical, Plumbing, and Residential Codes.
North Carolina Building, Electrical, Energy Conservation, Fire,
Authority for Rule-making: G.S. 143-136; 143-138.
Reason for Proposed Action: To incorporate changes in the NC State Building Codes as a result of rulemaking petitions filed with
the NC Building Code Council and to incorporate changes proposed by the Council.
Public Hearing: Tuesday, December 9, 2014, 9:00AM, NCSU McKimmon Center, 1101 Gorman Street, Raleigh, NC 27606.
Comments on both the proposed rule and any fiscal impact will be accepted.
Comment Procedures: Written comments may be sent to Barry Gupton, Secretary, NC Building Code Council, NC Department of
Insurance, 322 Chapanoke Road, Suite 200, Raleigh, NC 27603. Comments on both the proposed rule and any fiscal impact will be
accepted. Comment period expires on January 16, 2015.
Statement of Subject Matter:
1. Request by Ken Szymanski, representing the Apartment Association of North Carolina, to amend the 2011 NEC, Article
230.2 (B). The proposed amendment is as follows:
230.2 (B) Special Occupancies. By special permission, additional services shall be permitted for any of the following:
(1)
Multiple-occupancy buildings where there is no available space for service equipment accessible to all occupants
(2)
A single building or other structure sufficiently large to make two or more services necessary
(3)
Multiple service locations are allowed in R-2 four story and less buildings with each service location limited to 6 disconnects
and separated by at least 50 feet
Motion/Second/Approved – The request was granted. The proposed effective date of this rule is January 1, 2016.
Reason Given – The purpose of this amendment is to standardize a common interpretation allowing multiple service locations on R-2
buildings of four stories or less.
Fiscal Statement – This rule is anticipated to provide equivalent compliance with a small decrease in cost. This rule is not expected to
either have a substantial economic impact or increase local and state funds. A fiscal note has not been prepared.
2. Request by Amy Musser, representing Vandemusser Design, PLLC, to amend the 2012 NC Energy Conservation Code,
Table 405.5.2(1). The proposed amendment is as follows:
TABLE 405.5.2(1)
SPECIFICATIONS FOR THE STANDARD REFERENCE AND PROPOSED DESIGNS
(Air exchange rate and Mechanical ventilation components only)
BUILDING COMPONENT
Air exchange rate
29:10
STANDARD REFERENCE DESIGN
5 ACH50
The mechanical ventilation rate shall be in addition to the air
leakage rate and the same as in the proposed design, but no greater
than continuous operation at 0.01 x CFA + 7.5 (N br + 1) where:
CFA = conditioned floor area
Nbr = number of bedrooms
Energy recovery shall not be assumed for mechanical ventilation.
NORTH CAROLINA REGISTER
1187
PROPOSED DESIGN
For residences that are not
tested, the same as the
standard reference design.
For tested residences, the
measured air exchange rate.
e
The mechanical ventilation
rate shall be in addition to
the air leakage rate and shall
be as proposed. f
NOVEMBER 17, 2014
IN ADDITION
Mechanical ventilation
None, except where mechanical ventilation is specified by the
proposed design, in which case:
Annual vent fan energy use: kWh/yr = 0.03942 x CFA + 29.565 X
(Nbr + 1) where:
CFA = conditioned floor area
Nbr = number of bedrooms
As proposed
Motion/Second/Approved – The request was granted. The proposed effective date of this rule is January 1, 2016.
Reason Given – This proposal will prevent homes that meet the Code using Section 405 performance path from being penalized for
using whole house ventilation, which is a good building science practice.
Fiscal Statement – This rule is anticipated to provide equivalent compliance with no net decrease/increase in cost. This rule is not
expected to either have a substantial economic impact or increase local and state funds. A fiscal note has not been prepared.
3. Request by Larry Gill, representing IPEX USA LLC, to amend the 2012 NC Fuel Gas Code, Section 502.1. The proposed
amendment is as follows:
502.1 General. All vents, except as provided in Section 503.7, shall be listed and labeled. Type B and BW vents shall be tested in
accordance with UL 441. Type L vents shall be tested in accordance with UL 641. Vents for Category II, III and IV appliances shall
be tested in accordance with UL 1738.
Motion/Second/Approved – The request was granted. The proposed effective date of this rule is January 1, 2016.
Reason Given – The intent of this proposal is to acknowledge recent changes to UL 1738 that allow plastic venting materials including
PP, PVC and CPVC to be tested and listed to the standard.
Fiscal Statement – This rule is anticipated to provide equivalent compliance with a small increase in cost. This rule is not expected to
either have a substantial economic impact or increase local and state funds. A fiscal note has not been prepared.
4. Request by Gary Phillips, representing VIM Products, to amend the 2012 NC Plumbing Code, Section 417.5.2. The
proposed amendment is as follows:
417.5.2.6 Liquid-type, trowel-applied, load-bearing, bonded waterproof materials. Liquid-type, trowel-applied, load-bearing,
bonded waterproof materials shall meet the requirements of ANSI A118.10 and shall be applied in accordance with the manufacturer’s
instructions.
Motion/Second/Approved – The request was granted. The proposed effective date of this rule is January 1, 2016.
Reason Given – This proposal is to add the 2012 IPC Section 417.5.2.6 that provides for prescriptive acceptance of liquid-type shower
lining material.
Fiscal Statement – This rule is anticipated to provide equivalent compliance with no net decrease/increase in cost. This rule is not
expected to either have a substantial economic impact or increase local and state funds. A fiscal note has not been prepared.
5. Request by Jonathan P. Leonard, representing Charlotte Fire Department, to amend the 2012 NC Fire Code, Chapter 2
DEFINITIONS & Section 310. The proposed amendment is as follows:
CHAPTER 2
DEFINITIONS
SMOKING LOUNGE. An enclosed facility in any building or room within a building closed in by a roof and four walls with
appropriate openings for ingress and egress, used for the purpose of smoking.
SMOKING. Shall include any of the following: (1) the combustion of any cigar, cigarette, pipe, or any similar article, using any form
of tobacco or other combustible substance in any form, or (2) the holding or carrying of a lighted cigar, cigarette, pipe or any other
lighted smoking device, or (3) emitting or exhaling the smoke directly from a cigar, cigarette, pipe, hookah pipe or any other lighted
smoking device.
310.9 Smoking Lounges shall comply with all of the following:
1.
Adequate ventilation is required to prevent the accumulation of carbon monoxide. Locations shall comply with the North
Carolina Mechanical Code Table 403.3.
2.
A mechanical exhaust hood system shall be installed in preparation areas used for the lighting of coals, charcoal or other
cooking mediums.
29:10
NORTH CAROLINA REGISTER
1188
NOVEMBER 17, 2014
IN ADDITION
3.
A 2-A: 20-B:C type fire extinguisher shall be installed adjacent to the area where coals are prepared.
4.
Coals shall not be lit with portable type flaming devices or torches.
5.
Coals removed from the preparation area shall be placed in a ceramic, metal, or other non-combustible container. All devices
used to transfer coals to the hookah pipe shall be of non-combustible material. Hookah pipes shall not be moved with burning coal or
other lit material in place.
6.
Hookah pipes shall be securely fastened in place to prevent overturning.
7.
Used coals shall not be discarded in such a manner that could cause ignition of combustible materials. Used coals shall be
removed and placed into a sealed metal or ceramic container with a lid.
8.
All combustible decorative materials shall be flame resistant, this includes; curtains, tablecloths, upholstery, and materials
hung from the ceiling and walls.
Motion/Second/Approved – The request was granted. The proposed effective date of this rule is January 1, 2016.
Reason Given – This proposal is due to a recent increased use of hookah pipes in smoking bars and lounges to address proper safety
procedures for the handling of pipes and charcoal.
Fiscal Statement – This rule is anticipated to provide equivalent compliance with no net decrease/increase in cost. This rule is not
expected to either have a substantial economic impact or increase local and state funds. A fiscal note has not been prepared.
6. Request by Wayne Hamilton, representing the NC Fire Service Code Revision Committee, to amend the 2012 NC Fire
Code, Section 605.11. The proposed amendment is as follows:
Add new NC Fire Code section as follows:
605.11 Solar photovoltaic power systems. Solar photovoltaic power systems shall be installed in accordance with Sections 605.11.1
through 605.11.2, the International Building Code and NFPA 70.
605.11.1 Access and pathways. Roof access, pathways, and spacing requirements shall be provided in accordance with Sections
605.11.1.1 through 605.11.1.3.3.
Exceptions:
1.
Detached, non-habitable Group U structures including, but not limited to, parking shade structures, carports, solar trellises,
and similar structures.
2.
Roof access, pathways and spacing requirements need not be provided where the fire chief has determined that rooftop
operations will not be employed.
605.11.1.1 Roof access points. Roof access points shall be located in areas that do not require the placement of ground ladders over
openings such as windows or doors, and located at strong points of building construction in locations where the access point does not
conflict with overhead obstructions such as tree limbs, wires or signs.
605.11.1.2 Solar photovoltaic systems for Group R-3 buildings. Solar photovoltaic systems for Group R-3 buildings shall comply
with Sections 605.11.1.2.1 through 605.11.1.2.5.
Exception: These requirements shall not apply to one and two family dwelling and townhomes.
605.11.1.2.1 Size of solar photovoltaic array. Each photovoltaic array shall be limited to 150 feet (45 720 mm) by 150 feet (45 720
mm). Multiple arrays shall be separated by a 3-foot-wide (914 mm) clear access pathway.
605.11.1.2.2 Hip roof layouts. Panels and modules installed on Group R-3 buildings with hip roof layouts shall be located in a
manner that provides a 3-foot-wide (914 mm) clear access pathway from the eave to the ridge on each roof slope where panels and
modules are located. The access pathway shall be at a location on the building capable of supporting the fire fighters accessing the
roof.
Exception: These requirements shall not apply to roofs with slopes of two units vertical in 12 units horizontal (2:12) or less.
605.11.1.2.3 Single-ridge roofs. Panels and modules installed on Group R-3 buildings with a single ridge shall be located in a manner
that provides two, 3-foot-wide (914 mm) access pathways from the eave to the ridge on each roof slope where panels and modules are
located.
Exception: This requirement shall not apply to roofs with slopes of two units vertical in 12 units horizontal (2:12) or less.
605.11.1.2.4 Roofs with hips and valleys. Panels and modules installed on Group R-3 buildings with roof hips and valleys shall not
be located closer than 18 inches (457 mm) to a hip or a valley where panels/modules are to be placed on both sides of a hip or valley.
29:10
NORTH CAROLINA REGISTER
1189
NOVEMBER 17, 2014
IN ADDITION
Where panels are to be located on only one side of a hip or valley that is of equal length, the panels shall be permitted to be placed
directly adjacent to the hip or valley.
Exception: These requirements shall not apply to roofs with slopes of two units vertical in 12 units horizontal (2:12) or less.
605.11.1.2.5 Allowance for smoke ventilation operations. Panels and modules installed on Group R-3 buildings shall be located not
less than 3 feet (914 mm) from the ridge in order to allow for fire department smoke ventilation operations.
Exception: Panels and modules shall be permitted to be located up to the roof ridge where an alternative ventilation method approved
by the fire chief has been provided or where the fire chief has determined vertical ventilation techniques will not be employed.
605.11.1.3 Other than Group R-3 buildings. Access to systems for buildings, other than those containing Group R-3 occupancies,
shall be provided in accordance with Sections 605.11.1.3.1 through 605.11.1.3.3.
Exception: Where it is determined by the fire code official that the roof configuration is similar to that of a Group R-3 occupancy, the
residential access and ventilation requirements in Sections 605.11.1.2.1 through 605.11.1.2.5 shall be permitted to be used.
605.11.1.3.1 Access. There shall be a minimum 6 foot-wide (1829 mm) clear perimeter around the edges of the roof.
Exception: Where either axis of the building is 250 feet (76 200 mm) or less, the clear perimeter around the edges of the roof shall be
permitted to be reduced to a minimum 4 foot wide (1290 mm).
605.11.1.3.2 Pathways. The solar installation shall be designed to provide designated pathways. The pathways shall meet the
following requirements:
1.
The pathway shall be over areas capable of supporting fire fighters accessing the roof.
2.
The centerline axis pathways shall be provided in both axes of the roof. Centerline axis pathways shall run where the roof
structure is capable of supporting fire fighters accessing the roof.
3.
Pathways shall be a straight line not less than 4 feet (1290 mm) clear to roof standpipes or ventilation hatches.
4.
Pathways shall provide not less than 4 feet (1290 mm) clear around roof access hatch with not less than one singular pathway
not less than 4 feet (1290 mm) clear to a parapet or roof edge.
605.11.1.3.3 Smoke ventilation. The solar installation shall be designed to meet the following requirements:
1.
Arrays shall not be greater than 150 feet (45 720 mm) by 150 feet (45 720 mm) in distance in either axis in order to create
opportunities for fire department smoke ventilation operations.
2.
Smoke ventilation options between array sections shall be one of the following:
2.1
A pathway 8 feet (2438 mm) or greater in width.
2.2
A 4-foot (1290 mm) or greater in width pathway and bordering roof skylights or gravity-operated dropout smoke and heat
vents on not less than one side.
2.3
A 4-foot (1290 mm) or greater in width pathway and bordering all sides of non-gravity-operated dropout smoke and heat
vents.
2.4
A 4-foot (1290 mm) or greater in width pathway and bordering 4-foot by 8-foot (1290 mm by 2438 mm) "venting cutouts"
every 20 feet (6096 mm) on alternating sides of the pathway.
605.11.2 Ground-mounted photovoltaic arrays. Ground-mounted photovoltaic arrays shall comply with Section 605.11 and this
section. Setback requirements shall not apply to ground-mounted, free-standing photovoltaic arrays. A clear, brush-free area of 10 feet
(3048 mm) shall be required for ground-mounted photovoltaic arrays.
Motion/Second/Approved – The request was granted. The proposed effective date of this rule is March 1, 2015.
Reason Given – This proposal from the 2015 IFC Section 605.11 addresses the placement, proper installation and potential hazards of
PV arrays installed on building roofs.
Fiscal Statement – This rule is anticipated to provide equivalent compliance with no net decrease/increase in cost. This rule is not
expected to either have a substantial economic impact or increase local and state funds. A fiscal note has not been prepared.
7. Request by Michael Rettie, representing the Orange County Inspections Department, to amend the 2012 NC Residential
Code, Section R302.6, TABLE R302.6, & the NC Mechanical Code, Section 603.7. The proposed amendment is as follows:
R302.6 Dwelling and finished habitable space /garage fire separation. The garage shall be separated as required by TABLE
R302.6. Openings in garage walls shall comply with Section R302.5. This provision does not apply to garage walls that are
perpendicular to the adjacent dwelling unit wall.
TABLE R302.6
FINISHED HABITABLE, DWELLING/GARAGE SEPARATION
29:10
NORTH CAROLINA REGISTER
1190
NOVEMBER 17, 2014
IN ADDITION
SEPARATION
From the residence and attics
MATERIAL
Not less than ½-inch gypsum board or equivalent applied to
the garage side
Not less than 5/8-inch Type X gypsum board or equivalent
From all habitable rooms above the garage
Structure(s) supporting floor/ceiling assemblies used for
separation required by this section
Not less than ½-inch gypsum board or equivalent
Garages located less than 3 feet from a dwelling unit on the
same lot
Not less than ½-inch gypsum board or equivalent applied to
the interior side of exterior walls that are within this area
603.7 Rigid duct penetrations. Ducts in a private garage and ducts penetrating the walls or ceilings separating a dwelling unit or
finished habitable space from a private garage shall be continuous and constructed of a minimum 26 gage [0.0187 inch (0.4712 mm)]
galvanized sheet metal or other approved noncombustible material and shall not have openings into the garage…
Motion/Second/Approved – The request was granted. The proposed effective date of this rule is January 1, 2016.
Reason Given – The intent of this proposal is to require separation for finished habitable spaces in detached garages. These spaces are
often used as playrooms, offices, "man-caves", "bonus rooms" and bedrooms.
Fiscal Statement – This rule is anticipated to provide equivalent compliance with a small increase in cost. This rule is not expected to
either have a substantial economic impact or increase local and state funds. A fiscal note has not been prepared.
8. Request by David Smith, representing the NC Residential Ad-hoc Committee, to amend the 2012 NC Residential Code,
Section R311.7.1. The proposed amendment is as follows:
R311.7.1 Width. Stairways shall not be less than 36 inches (914 mm) in clear width at all points above the permitted handrail height
and below the required headroom height. Handrails shall not project more than 4.5 inches (114 mm) on either side of the stairway and
the minimum clear width of the stairway at and below the handrail height, including treads and landings, shall not be less than 31½
inches (787 mm) where a handrail is installed on one side and 27 inches (698 mm) where handrails are provided on both sides.
Exceptions:
1.
The width of spiral stairways shall be in accordance with Section R311.7.9.1.
2.
Stairways not required for egress may be as narrow as 26 inches.
Motion/Second/Approved – The request was granted and sent to the Residential Committee for review. The proposed effective date
of this rule is January 1, 2016.
Reason Given – This proposal allows for stairways that are not required for egress to be as narrow as 26 inches to be consistent with
the 2015 NC Existing Building Code.
Fiscal Statement – This rule is anticipated to provide equivalent compliance with no net decrease/increase in cost. This rule is not
expected to either have a substantial economic impact or increase local and state funds. A fiscal note has not been prepared.
NOTICE:
Commentary and Interpretations of the North Carolina State Building Codes are published online at the following link.
http://www.ncdoi.com/OSFM/Engineering_and_Codes/Default.aspx?field1=Code_Interpretations&user=Code_Enforcement_Resourc
es
NOTICE:
Objections and Legislative Review requests may be made to the NC Office of Administrative Hearings in accordance with G.S.
150B-21.3(b2) after Rules are adopted by the Building Code Council.
http://www.ncoah.com/rules/
29:10
NORTH CAROLINA REGISTER
1191
NOVEMBER 17, 2014
PROPOSED RULES
Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency
must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a
later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published
notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60
days.
Statutory reference: G.S. 150B-21.2.
TITLE 04 – DEPARTMENT OF COMMERCE
Notice is hereby given in accordance with G.S. 150B-21.2 that
the NC Industrial Commission intends to adopt the rules cited as
04 NCAC 10J .0102, .0103 and amend the rules cited as 04
NCAC 10J .0101, .0102.
Link to agency website pursuant to G.S. 150B-19.1(c):
http://www.ic.nc.gov/ProposedNCICMedicalFeeScheduleRules.
html
Proposed Effective Date: April 1, 2015 – 04 NCAC 10J .0101,
.0102, .0103; and July 1, 2015 – 04 NCAC 10J .0102
Public Hearing:
Date: December 17, 2014
Time: 2:00 p.m.
Location: Dobbs Building, Room 2173, 430 N. Salisbury Street,
Raleigh, NC 27603
Reason for Proposed Action: The Industrial Commission has
proposed these four rules to fulfill its statutory duty to
periodically review the schedule of fees charged for medical
treatment in workers' compensation cases and to make revisions
if necessary. The revisions reflected in the proposed rules are
intended to ensure that injured workers are provided the
standard of services and care intended by the Workers'
Compensation Act, that health care providers receive
reasonable reimbursement for services, and that medical costs
are adequately contained. The Industrial Commission was
directed in S.L. 2013-410, s. 33.(a) to base its physician and
hospital fee schedules on "the applicable Medicare payment
methodologies." The proposed rules are intended to carry out
this legislative mandate. There are two versions of Rule 04
NCAC 10J .0102 in order to move the physician and hospital fee
schedules out of Rule 04 NCAC 10J .0101 and keep the current
physician fee schedule in place until July 1, 2015. The April 1,
2015 version of Rule 04 NCAC 10J .0102 is essentially
Paragraphs (b) and (c) of the current Rule 04 NCAC 10J .0101.
As required by G.S. 97-26(b), the following is a summary of the
data and information sources reviewed by the Commission in
determining the applicable fee schedule rates for hospitals and
ambulatory surgery centers. Rates were calculated to fall in the
estimated median range of workers' compensation fee schedules
nationally, based on data available from the following studies
and data sources:
(1) NORTH CAROLINA WORKERS COMPENSATION
INSURANCE: A WHITE PAPER REVIEWING MEDICAL
COSTS AND MEDICAL FEE REGULATIONS, prepared for the
National Foundation for Unemployment Compensation and
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Workers' Compensation; prepared by Philip S. Borba, Ph.D.
and Robert K. Briscoe, WCP, Milliman, Inc.; May 23, 2013.
(2) CompScope Medical Benchmarks, 15th Edition, for North
Carolina, published by the Workers' Compensation Research
Institute, August 2014.
(3) North Carolina Hospital Association/Optum Group Health
survey data, June 2013 and July 2014.
(4) Review of states' fee schedule structures, nationally and
regionally.
Comments may be submitted to: Meredith Henderson, 4333
Mail Service Center, Raleigh, NC 27699-4333; phone (919)
807-2575;
fax
(919)
715-0282;
email
meredith.henderson@ic.nc.gov
Comment period ends: January 16, 2015
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission after the adoption of the Rule. If the
Rules Review Commission receives written and signed
objections after the adoption of the Rule in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-431-3000.
Fiscal impact (check all that apply).
State funds affected
Environmental permitting of DOT affected
Analysis submitted to Board of Transportation
Local funds affected
Substantial economic impact (≥$1,000,000)
No fiscal note required by G.S. 150B-21.4
***These rules were exempted from the fiscal note
requirement of G.S. 150B-21.4 in S.L. 2013-410, s. 33.(a)(3).
CHAPTER 10 – INDUSTRIAL COMMISSION
SUBCHAPTER 10J – FEES FOR MEDICAL
COMPENSATION
NORTH CAROLINA REGISTER
1192
NOVEMBER 17, 2014
PROPOSED RULES
SECTION .0100 – FEES FOR MEDICAL
COMPENSATION
04 NCAC 10J .0101
GENERAL PROVISIONS
(a) Pursuant to G.S. 97-26, the Commission adopts a Medical
Fee Schedule composed of maximum amounts, reimbursement
rates, and payment guidelines. The amounts and reimbursement
rates prescribed in the applicable published Medical Fee
Schedule shall govern and apply according to G.S. 97-26(c). The
Medical Fee Schedule is available on the Commission's website
at
http://www.ic.nc.gov/ncic/pages/feesched.asp and in hardcopy at
the offices of the Commission as set forth in 04 NCAC 10A
.0101.
(b) Insurers and managed care organizations, or administrators
on their behalf, may review and reimburse charges for all
medical compensation, including medical, hospital, and dental
fees, without submitting the charges to the Commission for
review and approval.
f(c) A provider of medical compensation shall submit its bill
for services within 75 days of the rendition of the service, or if
treatment is longer, within 30 days after the end of the month
during which multiple treatments were provided. However, in
cases where liability is initially denied but subsequently
admitted or determined by the Commission, the time for
submission of medical bills shall run from the time the health
care provider received notice of the admission or determination
of liability. Within 30 days of receipt of the bill, the employer,
carrier, or managed care organization, or administrator on its
behalf, shall pay the bill or send the provider written objections
to the . bill. If an employer, carrier, administrator, or managed
care organization disputes a portion of the provider's bill, the
employer, carrier, administrator, or managed care organization,
shall pay the uncontested portion of the bill and shall resolve
disputes regarding the balance of the charges through its
contractual arrangement or through the Commission.
g(d) Pursuant to G.S. 97-18(i), when the 10 percent addition to
the bill is uncontested, payment shall be made to the provider
without notifying or seeking approval from the Commission.
When the 10 percent addition to the bill is contested, any party
may request a hearing by the Commission pursuant to G.S. 9783 and G.S. 97-84.
(e) When the responsible party seeks an audit of hospital
charges, and has paid the hospital charges in full, the payee
hospital, upon request, shall provide reasonable access and
copies of appropriate records, without charge or fee, to the
person(s) chosen by the payor to review and audit the records.
i(f)
The responsible employer, carrier, managed care
organization, or administrator shall pay the bills of medical
compensation providers to whom the employee has been
referred by the treating physician authorized by the insurance
carrier for the compensable injury or body part, unless the
physician has been requested to obtain authorization for referrals
or tests; provided that compliance with the request shall not
unreasonably delay the treatment or service to be rendered to the
employee.
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j(g) Employees are entitled to reimbursement for sick travel
when the travel is medically necessary and the mileage is 20 or
more miles, round trip, at the business standard mileage rate set
by the Internal Revenue Service per mile of travel and the actual
cost of tolls paid. Employees are entitled to lodging and meal
expenses, at a rate to be established for state employees by the
North Carolina Director of Budget, when it is medically
necessary that the employee stay overnight at a location away
from the employee's usual place of residence. Employees are
entitled to reimbursement for the costs of parking or a vehicle
for hire, when the costs are medically necessary, at the actual
costs of the expenses.
k(h) Any employer, carrier or administrator denying a claim in
which medical care has previously been authorized is
responsible for all costs incurred prior to the date notice of
denial is provided to each health care provider to whom
authorization has been previously given.
Authority G.S. 97-18(i); 97-25; 97-25.6; 97-26; 97-80(a); 1386; S.L. 2013-410.
04 NCAC 10J .0102
FEES FOR PROFESSIONAL
SERVICES (Proposed Eff. APRIL 1, 2015)
(a) The Commission's Medical Fee Schedule contains maximum
allowed amounts for professional medical services provided
pursuant to Chapter 97 of the General Statutes. The Medical Fee
Schedule utilizes 1995 through the present, Current Procedural
Terminology ("CPT") codes adopted by the American Medical
Association, Healthcare Common Procedure Coding Systems
("HCPCS") codes, and jurisdiction-specific codes. A listing of
the maximum allowable amount for each code is available in the
Medical Fee Schedule on the Commission's website at
http://www.ic.nc.gov/ncic/pages/feesched.asp and in hardcopy at
the offices of the Commission as set forth in 04 NCAC 10A
.0101.
(b) The following methodology provides the basis for the
Commission's Medical Fee Schedule:
(1)
CPT codes for General Medicine are based on
1995 North Carolina Medicare values
multiplied by 1.58, except for CPT codes
99201-99205 and 99211-99215, which are
based on 1995 Medicare values multiplied by
2.05.
(2)
CPT codes for Physical Medicine are based on
1995 North Carolina Medicare values
multiplied by 1.36.
(3)
CPT codes for Radiology are based on 1995
North Carolina Medicare values multiplied by
1.96.
(4)
CPT codes for Surgery are based on 1995
North Carolina Medicare values multiplied by
2.06.
Authority G.S. 97-25; 97-26; 97-80(a).
04 NCAC 10J .0102
FEES FOR PROFESSIONAL
SERVICES (Proposed Eff. JULY 1, 2015)
NORTH CAROLINA REGISTER
1193
NOVEMBER 17, 2014
PROPOSED RULES
(a) Except where otherwise provided, maximum allowable
amounts payable to health care providers for professional
services are based on the current year's Medicare Part B Fee
Schedule for North Carolina as published by the Centers for
Medicare & Medicaid Services ("CMS") ("the Medicare base
amount"), including subsequent versions and editions.
(b) The schedule of maximum reimbursement rates for
professional services is as follows:
(1)
Evaluation & management services are 140
percent of the Medicare base amount;
(2)
Physical medicine services are 140 percent of
the Medicare base amount;
(3)
Emergency medicine services are 169 percent
of the Medicare base amount;
(4)
Neurology services are 153 percent of the
Medicare base amount;
(5)
Pain management services are 163 percent of
the Medicare base amount;
(6)
Radiology services are 195 percent of the
Medicare base amount;
(7)
Major surgery services are 195 percent of the
Medicare base amount;
(8)
All other professional services are 150 percent
of the Medicare base amount.
(c) Anesthesia services shall be paid at no more than the
following rates:
(1)
When provided by an anesthesiologist, the
allowable amount is three dollars and eightyeight cents ($3.88) per minute up to and
including 60 minutes, and two dollars and five
cents ($2.05) per minute beyond 60 minutes.
(2)
When provided by a certified registered nurse
anesthetist, the allowable amount is two
dollars and fifty-five cents ($2.55) per minute
up to and including 60 minutes, and one dollar
and fifty-five cents ($1.55) per minute beyond
60 minutes.
(d) The maximum allowable amount for an assistant at surgery
is 20 percent of the amount payable for the surgical procedure.
(e)
Using the Medicare base amounts and maximum
reimbursement rates in the Paragraphs above, the Commission
will publish annually an official Professional Fee Schedule
Table listing allowable amounts for individual professional
services in accordance with this fee schedule. The Professional
Fee Schedule Table, including all subsequent versions and
editions, is incorporated by reference. The allowable amounts
contained in the Professional Fee Schedule Table will take effect
January 1 of each year. The Professional Fee Schedule Table is
available
on
the
Commission's
website
at
http://www.ic.nc.gov/ncic/pages/feesched.asp and in hardcopy at
the offices of the Commission as set forth in Rule 04 NCAC
10A .0101.
(f) Maximum allowable amounts for durable medical equipment
and supplies ("DME") provided in the context of professional
services are 100 percent of those rates established for North
Carolina in the Durable Medical Equipment, Prosthetics,
Orthotics, and Supplies ("DMEPOS") Fee Schedule published
by CMS. The Commission will publish once annually to its
website an official DME Fee Schedule Table listing allowable
29:10
amounts for individual items and services in accordance with
this fee schedule. The DME Fee Schedule Table, including all
subsequent versions and editions, is incorporated by reference.
The allowable amounts contained in the DME Fee Schedule
Table will take effect January 1 of each year. The DME Fee
Schedule Table is available on the Commission's website at
http://www.ic.nc.gov/ncic/pages/feesched.asp and in hardcopy at
the offices of the Commission as set forth in Rule 04 NCAC
10A .0101.
(g) Maximum allowable amounts for clinical laboratory services
are 150 percent of those rates established for North Carolina in
the Clinical Diagnostic Laboratory Fee Schedule published by
CMS. The Commission will publish once annually to its website
an official Clinical Laboratory Fee Schedule Table listing
allowable amounts for individual items and services in
accordance with this fee schedule. The Clinical Laboratory Fee
Schedule Table, including all subsequent versions and editions,
is incorporated by reference. The allowable amounts contained
in the Clinical Laboratory Fee Schedule Table will take effect
January 1 of each year. The Clinical Laboratory Fee Schedule
Table is available on the Commission's website at
http://www.ic.nc.gov/ncic/pages/feesched.asp and in hardcopy at
the offices of the Commission as set forth in Rule 04 NCAC
10A .0101.
(h) The following licensed health care providers may provide
professional services in workers' compensation cases subject to
physician supervision and other scope of practice requirements
and limitations under North Carolina law:
(1)
Certified registered nurse anesthetists;
(2)
Anesthesiologist assistants;
(3)
Nurse practitioners;
(4)
Physician assistants;
(5)
Certified nurse midwives;
(6)
Clinical nurse specialists.
Services rendered by these providers are subject to the schedule
of maximum fees for professional services as provided in this
Rule.
Authority G.S. 97-25; 97-26; 97-80(a); S.L. 2013-410.
04 NCAC 10J .0103
FEES FOR INSTITUTIONAL
SERVICES
(a) Except where otherwise provided, maximum allowable
amounts for inpatient and outpatient institutional services are
based on the current federal fiscal year's facility-specific
Medicare rate established for each institutional facility by the
Centers for Medicare & Medicaid Services ("CMS"). "Facilityspecific" rate means the all inclusive amount for a claims
payment that Medicare would make, but excludes pass-through
payments.
(b) The schedule of maximum reimbursement rates for hospital
inpatient institutional services is as follows:
(1)
Beginning April 1, 2015, 190 percent of the
hospital's Medicare facility-specific amount;
(2)
Beginning January 1, 2016, 180 percent of the
hospital's Medicare facility-specific amount;
(3)
Beginning January 1, 2017, 160 percent of the
hospital's Medicare facility-specific amount.
NORTH CAROLINA REGISTER
1194
NOVEMBER 17, 2014
PROPOSED RULES
(c) The schedule of maximum reimbursement rates for hospital
outpatient institutional services is as follows:
(1)
Beginning April 1, 2015, 220 percent of the
hospital's Medicare facility-specific amount;
(2)
Beginning January 1, 2016, 210 percent of the
hospital's Medicare facility-specific amount;
(3)
Beginning January 1, 2017, 200 percent of the
hospital's Medicare facility-specific amount.
(d) Notwithstanding the Paragraphs (a) through (c) of this Rule,
maximum allowable amounts for institutional services provided
by critical access hospitals ("CAH"), as defined by the CMS, are
based on the Medicare inpatient per diem rates and outpatient
claims payment amounts allowed by CMS for each CAH
facility.
(e) The schedule of maximum reimbursement rates for inpatient
institutional services provided by CAHs is as follows:
(1)
Beginning April 1, 2015, 200 percent of the
hospital's Medicare CAH per diem amount;
(2)
Beginning January 1, 2016, 190 percent of the
hospital's Medicare CAH per diem amount;
(3)
Beginning January 1, 2017, 170 percent of the
hospital's Medicare CAH per diem amount.
(f)
The schedule of maximum reimbursement rates for
outpatient institutional services provided by CAHs is as follows:
(1)
Beginning April 1, 2015, 230 percent of the
hospital's Medicare CAH claims payment
amount;
(2)
Beginning January 1, 2016, 220 percent of the
hospital's Medicare CAH claims payment
amount;
(3)
Beginning January 1, 2017, 210 percent of the
hospital's Medicare CAH claims payment
amount.
(g) Notwithstanding Paragraphs (a) through (f) of this Rule, the
maximum allowable amounts for institutional services provided
by ambulatory surgical centers ("ASC") are based on the
Medicare ASC reimbursement amount determined by applying
the most recently adopted and effective Medicare Payment
System Policies for Services Furnished in Ambulatory Surgical
Centers and Outpatient Prospective Payment System
reimbursement formula and factors as published annually in the
Federal Register ("the Medicare ASC facility-specific amount").
Reimbursement shall be based on the fully implemented
payment amount as in Addendum AA, Final ASC Covered
Surgical Procedures for CY 2014 and Addendum BB Final ASC
Covered Ancillary Services Integral to Covered Surgical
Procedures for 2014, published in the December 10, 2013
publication of the Federal Register, or its successor.
(h) The schedule of maximum reimbursement rates for
institutional services provided by ambulatory surgical centers is
as follows:
(1)
Beginning April 1, 2015, 220 percent of the
Medicare ASC facility-specific amount;
(2)
Beginning January 1, 2016, 210 percent of the
Medicare ASC facility-specific amount;
(3)
Beginning January 1, 2017, 200 percent of the
Medicare ASC facility-specific amount.
(i) If the facility-specific Medicare payment includes an outlier
payment, the sum of the facility-specific reimbursement amount
29:10
and the applicable outlier payment amount shall be multiplied by
the applicable percentages set out in Paragraphs (b), (c), (e), (f),
and (h) of this Rule.
(j) Charges for professional services provided at an institutional
facility shall be paid pursuant to the applicable fee schedules in
Rule .0102 of this Section.
(k) If the billed charges are less than the maximum allowable
amount for a Diagnostic Related Grouping ("DRG") payment
pursuant to the fee schedule provisions of this Rule, the insurer
or managed care organization shall pay no more than the billed
charges.
(l) For specialty facilities paid outside Medicare's inpatient and
outpatient Prospective Payment System, the payment shall be
determined using Medicare's payment methodology for those
specialized facilities multiplied by the inpatient institutional
acute care percentages set out in Paragraphs (b) and (c) of this
Rule.
Authority G.S. 97-25; 97-26; 97-80(a); S.L. 2013-410.
TITLE 13 – DEPARTMENT OF LABOR
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Department of Labor intends to amend the rules cited as 13
NCAC 13 .0101, .0203, .0205, .0210, .0213, .0303, 13 NCAC 15
.0307, and repeal the rule cited as 13 NCAC 07F .0206.
Agency obtained G.S. 150B-19.1 certification:
OSBM certified on:
RRC certified on:
Not Required
Link to agency website pursuant to G.S. 150B-19.1(c):
www.nclabor.com/
Proposed Effective Date: March 1, 2015
Public Hearing:
Date: December 2, 2014
Time: 10:00 a.m.
Location: North Carolina Department of Labor, 4 West
Edenton St, Raleigh, NC 27601
Reason for Proposed Action:
13 NCAC 13 .0101 - Amend Item (45) to clarify that " Shop
Inspections" includes nuclear shops where fabrication or
material supply is done by the holder of an ASME N type
certificate.
13 NCAC 13 .0203, .0205, .0210, .0212, and .0303 - The North
Carolina Department of Labor's Boiler and Pressure Vessel
Bureau is a fully receipt supported Bureau. Fees associated with
inspections of boilers and pressure vessels have not changed
since 2006, however, operating costs have increased since that
time. A modest increase in these fees is now necessary to sustain
operations and help achieve a balanced budget while continuing
to perform statutory duties.
13 NCAC 15 .0307 - The North Carolina Department of Labor's
Elevator and Amusement Device Division inspects
NORTH CAROLINA REGISTER
1195
NOVEMBER 17, 2014
PROPOSED RULES
approximately 24,000 elevators and escalators per year. Of that
total, a significant number are cited for non-compliance issues
that have no bearing on or do not compromise the safety of the
general public. The current rule requiring re-inspection is an
inefficient use of Elevator and Amusement Devise bureau
personnel and resources. The proposed rule amendment
eliminates the requirement for re-inspection of devices that are
cited for non-compliance issues that have no bearing on or do
not compromise the safety of the general public. It establishes a
process for the owner of a regulated device to notify the Elevator
and Amusement Device bureau that non-compliance has been
corrected. The change also establishes payment of a follow-up
inspection fee if the owner fails to provide notice of abatement
and a follow-up inspection is required to determine status of
abatement.
13 NCAC 07F .0206 - Amendments to Federal Code 29 CFR
1926 (c)(1)(i), recently adopted verbatim by the North Carolina
Department of Labor, are more stringent than the administrative
rule. Therefore the administrative rule is unnecessary and
should be repealed.
Comments may be submitted to:
Karissa Sluss, NC
Department of Labor, 1101 Mail Service Center, Raleigh, NC
27699-1101; phone (919) 733-7885; fax (919) 733-4235; email
karissa.sluss@labor.nc.gov.
Comment period ends: January 16, 2015
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission after the adoption of the Rule. If the
Rules Review Commission receives written and signed
objections after the adoption of the Rule in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-431-3000.
Fiscal impact (check all that apply).
State funds affected
Environmental permitting of DOT affected
Analysis submitted to Board of Transportation
Local funds affected
Substantial economic impact (≥$1,000,000)
No fiscal note required by G.S. 150B-21.4
CHAPTER 07 – OFFICE OF OCCUPATIONAL SAFETY
AND HEALTH
SUBCHAPTER 07F - STANDARDS
SECTION .0200 – CONSTRUCTION STANDARDS
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13 NCAC 07F .0206
POWER TRANSMISSION AND
DISTRIBUTION
Subpart V -- Power Transmission and Distribution -1926.950(c)(1)(i) is rewritten to read as follows: "(i) The
employee is insulated or guarded from the energized part
(insulating gloves or insulating gloves with sleeves rated for the
voltage involved shall be considered insulation of the employee
only with regard to the energized part upon which work is being
performed), or"
Authority G.S. 95-131; 150B-21.6.
CHAPTER 13 - BOILER AND PRESSURE VESSEL
SECTION .0100 - DEFINITIONS
13 NCAC 13 .0101
DEFINITIONS
The following definitions apply throughout the rules in this
Chapter and shall be construed as controlling in case of any
conflict with the definitions contained in ANSI/NB-23 National
Board Inspection Code Parts 2 and 3, The American Society of
Mechanical Engineers (ASME) Boiler and Pressure Vessel
Code, or The North Carolina State Building Code:
(1)
"Accepted Design and Construction Code"
means the Boiler and Pressure Vessel Code of
the American Society of Mechanical
Engineers (ASME Code), or a comparable
code with standards that the Chief Inspector
determines to be as safe as the ASME Code.
(2)
"Appurtenance" means any control, fitting,
appliance or device attached to or working in
conjunction with the boiler proper or pressure
vessel.
(3)
"ASME Code" means the Boiler and Pressure
Vessel Code of the American Society of
Mechanical Engineers.
(4)
"Audit" means activities, other than those
identified as certificate inspections, conducted
by the Chief Inspector or his designee. These
activities include, in part:
(a)
reviews and surveys for ASME and
National Board stamp issuance and
renewal;
(b)
audits conducted on an authorized
inspector at the location of a
manufacturer or repair organization
as may be required by the ASME
Code, National Board Inspection
Code, or National Board Rules for
Commissioned Inspectors; and
(c)
audits pursuant to evaluation for the
issuance of North Carolina Specials.
(5)
"Automatically fired boiler" means a boiler
that cycles automatically in response to a
control system and which does not require a
constant attendant for the purpose of
introducing fuel into the combustion chamber
or to control electrical input.
NORTH CAROLINA REGISTER
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NOVEMBER 17, 2014
PROPOSED RULES
(6)
(7)
(8)
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"Authorized Inspection Agency" means an
organization
employing
commissioned
inspectors including the following:
(a)
the Department of Labor, Boiler
Safety Bureau;
(b)
an inspection agency of an insurance
company licensed to write boiler and
pressure vessel insurance; or
(c)
an owner-user inspection agency that
meets the requirements of G.S. 9569.15.
"Authorized inspector" means an employee of
an Authorized Inspection Agency who is
commissioned by the National Board and this
State, holds an appropriate endorsement on
his/her National Board Commission, and
inspects as the third party inspector in ASME
Code manufacturing facilities.
"Boiler," as defined in G.S. 95-69.9(b),
includes the following types of boilers:
(a)
"Exhibition boiler" means a historical
or antique boiler which generates
steam or hot water for the purposes of
entertaining or educating the public
or is used for demonstrations, tourist
travel or exhibitions.
This term
includes steam tractors, threshers,
steam powered sawmills, and similar
usages;
(b)
"High pressure boiler" means a boiler
in which steam or other vapor is
generated at a pressure of more than
15 psig, or water is heated to a
temperature greater than 250°F and a
pressure greater than 160 psig for use
external to itself. High pressure
boilers include the following:
(i)
Electric boilers;
(ii)
Miniature boilers;
(iii)
High temperature water
boilers; and
(iv)
High temperature liquid
boilers (other than water).
(c)
"Low pressure boiler" means a boiler
in which steam or other vapor is
generated at a pressure of not more
than 15 psig, or water is heated to a
temperature not greater than 250°F
and a pressure not greater than 160
psig, including the following:
(i)
"Hot water heating boiler"
means a low pressure boiler
that supplies heated water
that is returned to the boiler
from a piping system and is
used normally for building
heat applications (hydronic
boiler);
(ii)
(9)
(10)
(11)
(12)
(13)
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"Hot water supply boiler"
means a low pressure boiler
that furnishes hot water to be
used externally to itself
(domestic water boiler); and
(iii)
"Steam
heating
boiler"
means a low pressure boiler
that generates steam to be
used normally for building
heat applications.
(d)
"Model hobby boiler" means a boiler
which generates steam, whether
stationary or mobile, where the boiler
does not exceed 20 square feet
heating surface, a shell diameter of 16
inches, a volume of 5 cubic feet and a
pressure not exceeding 150 psig and
is used for the purpose of
entertainment or exhibiting steam
technology; and
(e)
"Water heater" means a closed vessel
in which water is heated by the
combustion of fuel, by electricity, or
by any other source and withdrawn
for potable use external to the system
at pressures not exceeding 160 psig
and temperatures not exceeding
210°F.
"Boiler blowoff" means that system associated
with the rapid draining of boiler water to
remove concentrated solids which have
accumulated as a natural result of steam
generation. This term also applies to the
blowoff for other boiler appurtenances, such as
the low-water fuel cutoff.
"Boiler proper" or "pressure vessel" means the
internal mechanism, shell, and heads of a
boiler or pressure vessel terminating at:
(a)
the first circumferential joint for
welded end connections;
(b)
the face of the first flange in bolted
flange connections; or
(c)
the first threaded joint in threaded
connections.
"Bureau" means the Boiler Safety Bureau of
the North Carolina Department of Labor.
"Certificate inspection" means an inspection,
the report of which is used by the Chief
Inspector as justification for issuing,
withholding or revoking the inspection
certificate. The term certificate inspection also
applies to the external inspection conducted in
accordance with this Chapter whether or not a
certificate is intended to be issued as a result
of the inspection.
"Condemned boiler or pressure vessel" means
a boiler or pressure vessel:
NOVEMBER 17, 2014
PROPOSED RULES
(a)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
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that has been found not to comply
with G.S. Chapter 95, Article 7A, or
this Chapter;
(b)
that constitutes a menace to public
safety; and
(c)
that cannot be repaired or altered so
as to comply with G.S. Chapter 95,
Article 7A, and this Chapter.
"Coil type watertube boiler" means a boiler
having no steam space, such as a steam drum,
whereby the heat transfer portion of the water
containing space consists only of a coil of pipe
or tubing.
"Commissioned inspector" means an employee
of an Authorized Inspection Agency that is
commissioned by the National Board and the
State of North Carolina and who is charged
with conducting in-service inspections of
pressure equipment and inspecting repairs or
alterations to that equipment.
"Defect" means any deterioration to the
pressure equipment affecting the integrity of
the pressure boundary or its supports. Defects
may be cracks, corrosion, erosion, bags,
bulges, blisters, leaks, broken parts integral to
the pressure boundary such as stays, or other
flaws identified by NDE or visual inspection.
"Deficiency" means any violation of the
Uniform Boiler and Pressure Vessel Act or
this Chapter or identified defects.
"Design criteria" means accepted design and
construction code requirements relating to the
mode of design and construction of a boiler or
pressure vessel.
"External inspection" means an inspection of
the external surfaces and appurtenances of a
boiler or pressure vessel.
An external
inspection may entail the "shutting down" of a
boiler or pressure vessel while it is in
operation, including inspection of internal
surfaces, if the inspector determines this action
is warranted.
"Hydropneumatic storage tank" means a
pressure vessel used for storage of water at
ambient temperature not to exceed 120°F and
where a cushion of air is contained within the
vessel.
"Imminent danger" means any condition or
practice in any location that a boiler or
pressure vessel is being operated which is such
that a danger exists, and which could
reasonably be expected to cause death or
serious physical harm immediately if the
condition is not abated.
"Insurance inspector" means the special
inspector employed by an insurance company,
and holding a valid North Carolina
Commission and National Board Commission.
(23)
(24)
(25)
(26)
(27)
(28)
(29)
(30)
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"Internal inspection" means as complete an
examination as can reasonably be made of the
internal
and
external
surfaces
and
appurtenances of a boiler or pressure vessel
while it is shut down.
"Maximum allowable working pressure
(MAWP)" means the maximum gauge
pressure as determined by employing the stress
values, design rules and dimensions designated
by the accepted design and construction code
or as determined by the Chief Inspector in
accordance with this Chapter.
"Menace to public safety" means a boiler or
pressure vessel that cannot be operated without
a risk of injury to persons and property.
"Miniature boiler" means a boiler which does
not exceed any of the following:
(a)
16 inch inside shell diameter;
(b)
20 square feet of heating surface
(does not apply to electrically fired
boilers);
(c)
5 cubic feet volume; and
(d)
100 psig maximum allowable
working pressure.
"National Board Commission" means the
commission issued by the National Board to
those individuals who have passed the
National Board commissioning examination
and have otherwise fulfilled the requirements
of the National Board Rules for Commissioned
Inspectors.
"National Board Inspection Code (NBIC)"
means the ANSI/NB-23 standard published by
the National Board, as adopted by the Bureau.
"Nondestructive examination (NDE)" means
examination methods used to verify the
integrity of materials and welds in a
component without damaging its structure or
altering its mechanical properties. NDE may
involve surface, subsurface, and volumetric
examination. Visual inspection, x-rays, and
ultrasound are examples of NDE.
"Nonstandard boiler or pressure vessel"
means:
(a)
high pressure boilers contracted for or
installed before December 7, 1935;
(b)
heating boilers contracted for or
installed before January 1, 1951;
(c)
pressure vessels contracted for or
installed before January 1, 1976;
(d)
hydropneumatic
storage
tanks
contracted for or installed before
January 1, 1986; and
(e)
boilers or pressure vessels for which
the ASME Code is not intended to
apply, other than those boilers and
pressure vessels to which the term
North Carolina Special applies.
NOVEMBER 17, 2014
PROPOSED RULES
(31)
(32)
(33)
(34)
(35)
(36)
(37)
(38)
(39)
(40)
(41)
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"Normal working hours" means between the
hours of 6:00 AM and 6:00 PM, Monday
through Friday, except for state recognized
holidays established in 25 NCAC 01E .0901.
"North Carolina Commission" means the
commission issued by the Board, to holders of
a National Board Commission, authorizing
them to conduct inspections in this State.
"North Carolina Special" means a boiler or
pressure vessel that is not constructed under
the accepted design and construction code and
for which the owner/operator must apply for a
special inspection certificate with the Chief
Inspector.
"NPS" means nominal pipe size.
"Nuclear component" means the items in a
nuclear power plant such as pressure vessels,
piping systems, pumps, valves, and component
supports.
"Nuclear system" means a system comprised
of nuclear components which collectively
serve the purpose of producing and controlling
an output of thermal energy from nuclear fuel
and includes those associated systems essential
to the function and overall safety of the power
system.
"Operating pressure" means the pressure at
which a boiler or pressure vessel operates. It
shall not exceed the MAWP except as shown
in Section I of the ASME Code for forced flow
steam generators.
"Owner or user" means any person or legal
entity responsible for the operation of any
boiler or pressure vessel installed in this State.
This term also applies to a contractor, installer,
or agent of the owner or user, as applicable.
"Owner-user inspector" means an individual
who holds a valid North Carolina Commission
and National Board Commission and is
employed by a company operating pressure
vessels for its own use and not for resale, and
maintains an inspection program that meets the
requirements of the National Board for
periodic inspection of pressure vessels owned
or used by that company.
"Pressure piping" means piping including
welded piping, external to high pressure
boilers from the boiler proper to the required
valve(s).
"Pressure relief devices" mean the devices on
boilers and pressure vessels set to open and
relieve the pressure in the event of an over
pressurization event, and include the
following:
(a)
"Non-reclosing
pressure
relief
device" means a pressure relief
device designed to remain open after
operation and includes a rupture disk
which is a non-reclosing pressure
(42)
(43)
(44)
(45)
(46)
NORTH CAROLINA REGISTER
1199
relief device actuated by static
pressure upstream of the device and
designed to function by the bursting
of a pressure retaining disk; and
(b)
"Pressure relief valve" means a
pressure relief device that is designed
to reclose and prevent the further
flow of fluid after normal conditions
have been restored. These devices
include:
(i)
"Relief valve" means an
automatic pressure relief
valve that is actuated by
static pressure upstream of
the valve which opens
further with the increase in
pressure over the opening
pressure;
(ii)
"Safety relief valve" means
an automatic pressure relief
valve that is actuated by
static pressure upstream of
the valve and characterized
by full opening pop action or
by opening in proportion to
the increase in pressure over
the opening pressure; and
(iii)
"Safety valve" means an
automatic pressure relief
valve that is actuated by
static pressure upstream of
the valve and characterized
by full opening pop action.
"PSIG" means pounds per square inch gauge.
"Reinspection or Follow-Up Inspection"
means as complete an examination as is
necessary to verify that any repair or
corrective action required as a result of a
certificate inspection is completed.
"Service vehicle" means a vehicle mounted
with an air storage tank and often with other
storage tanks that have oil, grease or other
fluids. The purpose of the vehicle is to service
vehicles and equipment in the field away from
the owner's shop.
"Shop inspection" means an inspection
conducted by an Authorized Inspector or a
Commissioned Inspector pursuant to an
inspection service agreement whereby the
fabrication process or the repair or alteration
of a boiler or pressure vessel is observed to
ensure compliance with the ASME Code and
the NBIC. The term shop inspection includes
nuclear shop inspection where fabrication or
material supply is done by the holder of an
ASME N type certificate.
"Special inspection" means any inspection
conducted by a Deputy Inspector other than a
regularly scheduled inspection.
Special
NOVEMBER 17, 2014
PROPOSED RULES
(47)
(48)
inspection also includes the performance of an
inspection by a Deputy Inspector which
requires that the inspector make a special trip
to meet the needs of the individual or
organization requesting the inspection,
including conducting certificate inspections
during hours other than normal working hours,
and inspection of field repairs and alterations.
"Special inspector" means a National Board
commissioned inspector employed by an
insurance company authorized to write boiler
and pressure vessel insurance in the state of
North Carolina.
"Violation" means the failure to comply with
the requirements of the Uniform Boiler and
Pressure Vessel Act or this Chapter.
Authority G.S. 95-69.11; 95-69.14.
SECTION .0200 - ADMINISTRATION
13 NCAC 13 .0203
NORTH CAROLINA
COMMISSION
(a) When requested by the employer and upon presentation of a
properly completed Application for Commission as an Inspector
of Boilers and Pressure Vessels, a North Carolina Commission,
bearing the signature of the Commissioner, shall be issued by
The Board of Boiler and Pressure Vessel Rules (the "Board") to
persons holding a valid National Board Commission who have
taken and passed the examination specified in 13 NCAC 13
.0202(b).
(b) Applications for a North Carolina Commission shall be
processed upon proof of a National Board Commission and
payment of a thirty-five dollar ($35.00) fee to the Department of
Labor.
(c) North Carolina Commissions are valid through December
31, at which time the inspector's employer shall submit a
renewal request letter and a thirty-five dollar ($35.00) fee to the
Department of Labor.
(d) The North Carolina Commission shall be returned by the
employing company with notification of termination date to the
Bureau within 30 days of termination of employment.
(e) A North Carolina Commission may be suspended or revoked
by the Board in accordance with G.S. 95-69.13 for
incompetence, untrustworthiness or falsification of any
statement in an application or inspection report. The Board shall
give notice of the commencement of proceedings for suspension
or revocation of a commission pursuant to G.S. 150B-23. A
North Carolina Commission may be suspended prior to the
hearing if the Chief Inspector determines that the public health,
safety or welfare requires this action. In this case, the
proceedings shall be promptly commenced and determined in
accordance with G.S. 150B-3. The Board's decision regarding
the competency of an inspector shall be determined after
consideration of the knowledge, skill, and care ordinarily
possessed and employed by boiler and pressure vessel inspection
personnel in good standing. Industry custom and practice shall
be considered but are not determinative. Failure to conduct the
inspections in accordance with this Chapter shall constitute
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incompetence. The Board shall give the inspector opportunity to
show that he is conducting his duties in a competent manner and
that suspension or revocation is unwarranted. If the inspector
believes that the decision of the Board is not warranted, he may
file a petition for judicial review pursuant to Article 4 of Chapter
150B of the N.C. General Statutes.
Authority G.S. 95-69.11; 95-69.15.
13 NCAC 13 .0205
OWNER-USER INSPECTION
AGENCY
(a) A company seeking to conduct inspections of its own
pressure vessels shall file an application with the Chief Inspector
and obtain approval from the Board.
(b) The company shall, in its application, designate a supervisor
who shall be an engineer within its employ, who, upon approval
of the application, shall:
(1)
ascertain that the company's inspectors,
pursuant to Rules .0202 and .0203 of this
Section are issued owner-user commission
cards;
(2)
supervise inspections of pressure vessels and
see that an inspection report, signed by the
owner-user inspector, is filed at the equipment
site;
(3)
notify the Chief Inspector of any unsafe
pressure vessel which presents a condition of
imminent danger;
(4)
maintain a master file of inspection records
which shall be made available for examination
by the Chief Inspector or his representative
during business hours:
(A)
identifying each pressure vessel by
serial number and abbreviated
description; and
(B)
showing the date of the last and next
scheduled inspection;
(5)
on a date mutually agreed upon with the Chief
Inspector, file an annual statement signed by
the supervisor, showing the number of boilers
and certifying that each inspection was
conducted pursuant to this Chapter,
accompanied by an administrative fee of
twenty-five dollars ($25.00) per vessel.
(c) Inspection certificates are not required for pressure vessels
inspected under an owner-user program.
Authority G.S. 95-69.11; 95-69.15; 95-69.16.
13 NCAC 13 .0210
SHOP INSPECTIONS AND
NATIONAL BOARD R STAMP QUALIFICATION
REVIEWS
(a) Shop Inspections.
(1)
Manufacturers or repair firms seeking to
employ the Boiler Safety Bureau to act as their
Authorized Inspection Agency pursuant to the
ASME Code or National Board Inspection
Code, shall enter into a written agreement with
NORTH CAROLINA REGISTER
1200
NOVEMBER 17, 2014
PROPOSED RULES
the North Carolina Department of Labor,
Boiler Safety Bureau for this purpose.
(2)
An audit of the Deputy Inspector serving as
the Authorized Inspector pursuant to
Subparagraph (a)(1), of this Rule, and the
contracting company in which he/she is
working shall be conducted on an annual basis
for non-nuclear companies and twice each year
for nuclear companies.
The contracting
company is required to pay the audit fees
required in Rule .0213 of this Section.
(b) National Board R Stamp Qualification Reviews
(1)
The Chief Inspector or his designee shall
conduct the qualification reviews for issuance
of the National Board R symbol stamp
(2)
(3)
pursuant to the National Board Inspection
Code as adopted, except as provided in
Subparagraph (b)(2) of this Rule.
The Chief Inspector or his designee shall not
conduct the qualification reviews of those
companies for which the Boiler Safety Bureau
provides inspection services, or those
companies which specifically request the
review be conducted by the National Board.
A review to be conducted by the Boiler Safety
Bureau shall be scheduled upon receipt of
request by the National Board.
Authority G.S. 95-69.11; 95-69.14.
13 NCAC 13 .0213
CERTIFICATE AND INSPECTION FEES
(a) A thirty-five dollar ($35.00) certificate and processing fee for each boiler or pressure vessel inspected by an Insurance Inspector
and found to be in compliance with the rules in this Chapter shall be paid to the North Carolina Department of Labor.
(b) An inspection and certificate fee shall be paid to the North Carolina Department of Labor for each boiler or pressure vessel
inspected by a Deputy Inspector as follows:
Boilers - An inspection of a boiler where the heating surface is:
Less than 500 sq. ft.
500 or more sq. ft. but less than 5000 sq. ft.
5000 or more sq. ft.
Cast iron boilers
Locomotive boilers (Antique Exhibition/Show)
Exhibition boilers (Antique Exhibition/Show)
Hobby boilers
Pressure Vessels - An inspection of a pressure vessel, other than a
heat exchanger, where the product of measurement in feet of the
diameter or width, multiplied by its length is:
Less than 20
20 or more but less than 50
50 or more but less than 70
70 or more
Heat Exchangers - An inspection of a heat exchanger, where the
heating surface is:
Less than 500 sq. ft.
500 or more sq. ft. but less than 1000 sq. ft.
1000 or more sq. ft. but less than 2000 sq. ft.
2000 or more sq. ft. but less than 3000 sq. ft.
3000
(c) In addition to the fees established in Paragraph (b) of this
Rule herein, a fee of ninety dollars ($90.00) per hour, including
travel time, plus each expense allowed by G.S. 138-6 and 138-7
and the standards and criteria established thereto by the Director
of the Budget, at the applicable state rate shall be paid to the
North Carolina Department of Labor for each special inspection
as defined by 13 NCAC 13 .0101(46) and for all inspections
performed outside of normal working hours as defined by 13
NCAC 13 .0101(31).
(d) A fee of Three-hundred fifty dollars ($350.00) per one-half
day (four hours) or any part of one-half day or five-hundred
sixty-dollars ($560.00) for one day (four to eight hours) plus, in
either case, each expense allowed by G.S. 138-6 and 138-7 and
the standards and criteria established thereto by the Director of
29:10
External Inspection
$50.00
$120.00
$330.00
$50.00
N/A
N/A
N/A
Internal Inspection
$85.00
$235.00
$600.00
$80.00
$150.00
$50.00
$35.00
External Inspection
Internal Inspection
$40.00
$45.00
$50.00
$60.00
$85.00
$135.00
$135.00
$190.00
External Inspection
$45.00
$60.00
$90.00
$130.00
$180.00
the Budget, at the applicable state rate shall be paid to the North
Carolina Department of Labor for each shop inspection as
defined by 13 NCAC 13 .0101(42).
(e) A fee of four hundred dollars ($400.00) per one-half day
(four hours) or any part of one-half day or six hundred ten
dollars ($610.00) for one day (four to eight hours), plus, in either
case, each expense allowed by G.S. 138-6 and 138-7 and the
standards and criteria established thereto by the Director of the
Budget, at the applicable state rate shall be paid to the North
Carolina Department of Labor for each nuclear shop inspection
as defined by 13 NCAC 13 .0101(45).
(f) A fee of four hundred fifty dollars ($450.00) per one-half
day (four hours) or any part of one-half day or six hundred
ninety dollars ($690.00) for one day (four to eight hours), plus,
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NOVEMBER 17, 2014
PROPOSED RULES
in either case, each expense allowed by G.S. 138-6 and 138-7
and the standards and criteria established thereto by the Director
of the Budget, at the applicable state rate shall be paid to the
North Carolina Department of Labor for audits as defined by 13
NCAC 13 .0101(4).
Authority G.S. 95-69.11.
13 NCAC 13 .0303
INSPECTIONS REVEALING
DEFICIENCIES
(a) The owner or user shall complete any required repairs or
corrective action and request an additional inspection within 60
days of the inspection, except in cases where the boiler or
pressure vessel is removed from service, in which case the
owner or user shall send in written confirmation, signed by the
owner or user, that use of the boiler or pressure vessel has been
discontinued and that the boiler or pressure vessel has been
removed from the source of energy.
(b) Upon notification by the inspector of a boiler or pressure
vessel for which continued operation creates a condition of
imminent danger, the Chief Inspector shall determine if the
recommendations of the inspector are valid, and if so, he shall
notify the owner or user by the most expedient means possible,
followed by written notification within 15 days stating that the
use of the boiler or pressure vessel shall be discontinued
immediately.
(c) The owner or user may continue operation of the boiler or
pressure vessel, including those boilers or pressure vessels which
are condemned, during the 60 day period, except that this
provision shall not apply to boilers and pressure vessels after
verbal notification by the Chief Inspector to the owner or user
that a condition of imminent danger exists.
(d) After completion of any required repairs or corrective
action, the boiler or pressure vessel shall be reinspected to the
extent necessary to verify satisfactory completion of the required
repairs or corrective action.
(e) For each reinspection or follow-up inspection conducted by
Deputy Inspectors, a fee of forty dollars ($40.00) shall be paid to
the North Carolina Department of Labor.
Authority G.S. 95-69.11.
13 NCAC 15 .0307
MAINTENANCE AND
PERIODIC INSPECTIONS AND TESTS
(a) Inspections and Tests. Devices and equipment shall be
subject to maintenance and periodic inspections and tests in
accordance with the requirements of the applicable code as
adopted in Section 2.23 of the A17.1 - American National
Standard Safety Code for Elevators and Escalators. Special
equipment shall be subject to periodic and to maintenance
inspections and tests as may be required by the Director to
ensure safe operation.
(b) Inspections.
(1)
Advance Notice. Inspections shall be
accomplished without advance notice, except
where the Director determines that advance
notice of an inspection is necessary to
complete the inspection.
29:10
(2)
Inspection Report Forms. The inspector shall
note findings of his inspection and tests on the
inspection report form.
(c) Certificate of Operation Issuance.
(1)
Closing Conference. After the inspections and
tests of the equipment prescribed in this Rule,
the inspector shall, when possible, hold a
closing conference with the owner or his
representative.
(2)
Approval. When the inspector has determined
that the equipment is in compliance with the
rules in this Chapter and all applicable law, the
inspector may reissue the certificate of
operation.
(3)
Violations creating unsafe conditions. When
the inspector has determined the equipment is
not in compliance with the regulations of this
Chapter and all applicable law, and that the
non-compliance creates an unsafe condition
that exposes the public to an unsafe condition
likely to result in serious personal injury or
property damage the inspector shall
immediately order, in writing, that the use of
the equipment be stopped until such time as it
is determined that the equipment has been
made safe for use by the public. The inspector
shall provide the owner or his representative
with a description of all violations and
necessary repairs.
(A)
Notice. After an inspector has issued
a written order which stops or limits
the use of the equipment the owner or
his representative shall notify the
Division in writing when the
equipment is brought into compliance
with the regulations of this Chapter
and all applicable law.
(B)
Reinspection. After receipt of written
notice from the owner or his
representative that the equipment has
been brought into compliance with
the regulations of this Chapter and all
applicable law, an inspector shall
reinspect to determine if all violations
have been corrected and necessary
repairs have been made and the
equipment is in compliance with the
rules in this Chapter and all
applicable law.
(4)
Violations not creating unsafe conditions.
When the inspector has determined the
equipment is not in compliance with the
regulations of this Chapter and all applicable
law, and that the non-compliance does not
create an unsafe condition which is exposing
the public to an unsafe condition likely to
result in serious personal injury or property
damage, the inspector shall provide the owner
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NOVEMBER 17, 2014
PROPOSED RULES
or his representative with a description of all
violations and necessary repairs.
(A)
Corrective action. The owner or his
representative shall have 60 days
from receipt of written notice of all
violations and necessary repairs to
comply with the regulations of this
Chapter and all applicable law,
correct violations and complete
necessary repairs.
(B)
Notice.
The owner or his
representative shall notify the
Division in writing within 60 days of
receiving written notification of the
violations and necessary repairs that
the equipment has been brought into
compliance with the regulations of
this Chapter and all applicable law.
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(C)
Follow-up Inspection. If the owner or
his representative fails to provide
notice of abatement as required by
Part (B) of this Subparagraph, and an
inspection is required to determine
status of abatement, then the owner or
his representative shall pay a followup inspection fee of two hundred
dollars ($200.00).
(d) Tests. Periodic tests required by the A17.1 - American
National Standard Safety Code for Elevators and Escalators shall
be performed in the presence of an elevator inspector whenever
possible. In the absence of an inspector, a signed copy of the test
report shall be sent to the Director of the Division without delay.
The report shall be signed by the person conducting such tests.
Authority G.S. 95-110.5.
NORTH CAROLINA REGISTER
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NOVEMBER 17, 2014
TEMPORARY RULES
Note from the Codifier: The rules published in this Section of the NC Register are temporary rules reviewed and approved by the
Rules Review Commission (RRC) and have been delivered to the Codifier of Rules for entry into the North Carolina Administrative
Code. A temporary rule expires on the 270 th day from publication in the Register unless the agency submits the permanent rule to the
Rules Review Commission by the 270th day.
This section of the Register may also include, from time to time, a listing of temporary rules that have expired. See G.S. 150B-21.1
and 26 NCAC 02C .0500 for adoption and filing requirements.
TITLE 10A – DEPARTMENT OF HEALTH AND HUMAN
SERVICES
Rule-making Agency: NC Social Services Commission
[
History Note:
][
Authority G.S. 108A-29.1; 143B-153;
Temporary Adoption Eff. November 1, 2014.
Rule Citation: 10A NCAC 71W .0905
Effective Date: November 1, 2014
Date Approved by the Rules Review Commission: October
16, 2014
Reason for Action: The effective date of a recent act of the
General Assembly. Cite: Session Law 2014-115, effective August
11, 2014. The Division of Social Services adhered to the notice
and hearing requirements for adoption of the rule. The rule was
published to the Office of Administrative Hearings website on
August 29, 2014. The public hearing was held on September 5,
2014. Comment period began August 29, 2014 and ended on
September 22, 2014. Session Law 2014-115 requires the
adoption of rules for implementation of Session Law 2013-417,
HB 392, Part II, Section 4 no later than October 31, 2014.
CHAPTER 71 – ADULT AND FAMILY SUPPORT
SUBCHAPTER 71W – GENERAL PROGRAM
ADMINISTRATION
SECTION .0900 – TRANSITIONAL CHILD CARE
10A NCAC 71W .0905
[ ] [,] [] [] [.]
[(b) []
DRUG TESTING
[]
[)]
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[]
Rule-making
Commission
Agency:
Environmental
Management
Rule Citation: 15A NCAC 02B .0295
Effective Date: October 24, 2014
Date Approved by the Rules Review Commission: October
16, 2014
Reason for Action: The effective date of a recent act of the
General Assembly. Cite: S.L. 2014-95, effective October 1,
2014. This rule adoption is authorized by Section 2 of S.L. 201495, which states that the Environmental Management
Commission shall adopt a "Mitigation Program Requirements
for the Protection and Maintenance of Riparian Buffers" rule,
pursuant to G.S. 150B-21.1, no later than October 1, 2014.
CHAPTER 02 – ENVIRONMENTAL MANAGEMENT
COMMISSION
SUBCHAPTER 02B – SURFACE WATER AND
WETLAND STANDARDS
[]
(3)
[)] [.].
(c) The county director shall require a basic five panel
drug test for applicants and recipients of Work First Family
Assistance where there is a reasonable suspicion the applicant or
recipient is engaged in the illegal use of controlled substances. .
The drug test shall identify the illegal use of the following
controlled substances:
(1)
cannabinoids;
(2)
cocaine;
(3)(
methamphetamines/Amphetamines;
(4)
opiates; and
(5)
phencyclidine.
[ ] [] . [].
[ e''
TITLE 15A – DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
SECTION .0200 – CLASSIFICATIONS AND WATER
QUALITY STANDARDS APPLICABLE TO SURFACE
WATERS AND WETLANDS OF NORTH CAROLINA
15A NCAC 02B .0295
MITIGATION PROGRAM
REQUIREMENTS FOR PROTECTION AND
MAINTENANCE OF RIPARIAN BUFFERS
(a) PURPOSE. The purpose of this Rule is to set forth the
mitigation requirements that apply to applicants listed in
Subparagraphs (1) and (2) of this Paragraph and to set forth
requirements for buffer mitigation providers. Buffer mitigation
is required when one of the following applies:
(1)
The applicant has received an authorization
certificate for impacts that cannot be avoided
or practicably minimized pursuant to Rules
.0233, .0243, .0250, .0259, .0267 or .0607
of this Subchapter; or
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(2)
The applicant has received a variance pursuant
to Rules .0233, .0243, .0250, .0259, .0267 or
.0607 of this Subchapter and is required to
perform mitigation as a condition of a variance
approval.
(b) DEFINITIONS. For the purpose of this Rule, these terms
shall be defined as follows:
(1)
"Authority" means either the Division or a
local government that has been delegated or
designated pursuant to Rules .0233, .0243,
.0250, .0259, .0267 or .0607 of this Subchapter
to implement the riparian buffer program.
(2)
"Division" means the Division of Water
Resources of the North Carolina Department
of Environment and Natural Resources.
(3)
"Enhancement Site" means a riparian zone site
characterized by conditions between that of a
restoration site and a preservation site such
that the establishment of woody stems (i.e.,
tree or shrub species) will maximize nutrient
removal and other buffer functions.
(4)
"Hydrologic Area" means the Watershed
Boundary Dataset (WBD), located at
http://data.nconemap.com/geoportal/catalog/se
arch/resource/details.page?uuid={16A42F316DC7-4EC3-88A9-03E6B7D55653} using the
eight-digit Hydrologic Unit Code (HUC)
prepared by the United States Geological
Survey.
(5)
"Locational Ratio" means the mitigation ratio
applied to the mitigation requirements based
on the location of the mitigation site relative to
the impact site as set forth in Paragraph (f).
(6)
"Monitoring period" means the length of time
specified in the approved mitigation plan
during which monitoring of vegetation success
and other anticipated benefits to the adjacent
water as listed in the authorization certification
is done.
(7)
"Non-wasting endowment" means a fund that
generates enough interest to cover the cost of
the long term monitoring and maintenance.
(8)
"Outer Coastal Plain" means the portion of the
state shown as the Middle Atlantic Coastal
Plain (63) on Griffith, et al. (2002)
"Ecoregions of North and South Carolina."
Reston, VA, United States Geological Survey
available at no cost at
http://www.epa.gov/wed/pages/ecoregions/ncs
c_eco.htm.
(9)
"Preservation Site" means riparian zone sites
that are characterized by a natural forest
consisting of the forest strata and diversity of
species appropriate for the Omernik Level III
ecoregion.
(10)
"Restoration Site" means riparian zone sites
that are characterized by an absence of trees
and by a lack of dense growth of smaller
woody stems (i.e., shrubs or saplings) or sites
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that are characterized by scattered individual
trees such that the tree canopy is less than 25
percent of the cover and by a lack of dense
growth of smaller woody stems (i.e., shrubs or
saplings).
(11)
"Riparian buffer mitigation unit" means a unit
representing a credit of riparian buffer
mitigation that offsets one square foot of
riparian buffer impact.
(12)
"Riparian wetland" means a wetland that is
found in one or more of the following
landscape positions:
(A)
in a geomorphic floodplain;
(B)
in a natural topographic crenulation;
(C)
contiguous with an open water equal
to or greater than 20 acres in size; or
(D)
subject to tidal flow regimes
excluding
salt/brackish
marsh
wetlands.
(13)
"Urban" means an area that is designated as an
urbanized area under the most recent federal
decennial census available at no cost at
http://www.census.gov/ or within the corporate
limits of a municipality.
(14)
"Zonal Ratio" means the mitigation ratio
applied to impact amounts in the respective
zones of the riparian buffer as set forth in
Paragraph (e) of this Rule.
(c) APPLICATION REQUIREMENTS, MITIGATION SITE
REQUIREMENTS AND MITIGATION OPTIONS.
Any
applicant who seeks approval to impact riparian buffers covered
under this Rule who is required by Paragraph (a) shall submit to
the Division a written mitigation proposal that calculates the
required area of mitigation and describes the area and location of
each type of proposed mitigation. The applicant shall not impact
buffers until the Division approves the mitigation plan and
issues written authorization. For all options except payment of a
fee under Paragraphs (j) or (k) of this Rule, the proposal shall
include a commitment to provide:
(1)
a perpetual conservation easement or similar
legal protection mechanism to ensure perpetual
stewardship that protects the mitigation site's
nutrient removal and other water quality
functions;
(2)
a commitment to provide a non-wasting
endowment or other financial mechanism for
perpetual stewardship and protection; and
(3)
a commitment to provide a completion bond
that is payable to the Division sufficient to
ensure that land or easement purchase,
construction, monitoring, and maintenance are
completed.
For each mitigation site, the Division shall identify functional
criteria to measure the anticipated benefits of the mitigation to
the adjacent water. The Division shall issue a mitigation
determination that specifies the area, type, and location of
mitigation and the water quality benefits to be provided by the
mitigation site. The mitigation determination issued according
to this Rule shall be included as an attachment to the
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authorization certification. The applicant may propose any of the
following types of mitigation and shall provide a written
demonstration of practicality that takes into account the relative
cost and availability of potential options, as well as information
addressing all requirements associated with the option proposed:
(1)
Applicant-provided riparian buffer restoration
or enhancement pursuant to Paragraph (i) of
this Rule;
(2)
Payment of a compensatory mitigation fee to a
mitigation bank if buffer credits are available
pursuant to Paragraph (j) of this Rule or
payment of a compensatory mitigation fee to
the Riparian Buffer Restoration Fund pursuant
to Paragraph (k) of this Rule. Payment shall
conform to the requirements of G.S. 143214.20;
(3)
Donation of real property or of an interest in
real property pursuant to Paragraph (l) of this
Rule; or
(4)
Alternative buffer mitigation options pursuant
to Paragraph (m) of this Rule.
(d) AREA OF IMPACT. The authority shall determine the area
of impact in square feet to each zone of the proposed riparian
buffer impact by adding the following:
(1)
The area of the footprint of the use impacting
the riparian buffer;
(2)
The area of the boundary of any clearing and
grading activities within the riparian buffer
necessary to accommodate the use; and
(3)
The area of any ongoing maintenance
corridors within the riparian buffer associated
with the use.
The authority shall deduct from this total the area of any
wetlands that are subject to and compliant with riparian wetland
mitigation requirements under 15A NCAC 02H .0506 and are
located within the proposed riparian buffer impact area.
(e) AREA OF MITIGATION REQUIRED ON ZONAL
MITIGATION RATIOS. The authority shall determine the
required area of mitigation for each zone by applying each of the
following ratios to the area of impact calculated under Paragraph
(d) of this Rule:
Basin/Watershed
Neuse River Basin (15A NCAC 02B
.0233)
Catawba River Basin (15A NCAC
02B .0243)
Randleman Lake Watershed (15A
NCAC 02B .0250)
Tar-Pamlico River Basin (15A NCAC
02B .0259)
Jordan Lake Watershed (15A NCAC
02B .0267)
Goose Creek Watershed (15A NCAC
Zone 1
Ratio
Zone 2
Ratio
3:1
1.5:1
2:1
1.5:1
3:1
1.5:1
3:1
1.5:1
3:1
1.5:1
3:1
A
02B .0607)
A
The Goose Creek Watershed does not have a Zone 1
and Zone 2. The mitigation ratio in the Goose Creek
Watershed is 3:1 for the entire buffer.
(f) AREA OF MITIGATION REQUIRED ON LOCATIONAL
MITIGATION RATIOS. The applicant shall use the following
locational ratios as applicable based on location of the proposed
mitigation site relative to that of the proposed impact site.
Locational ratios shall be as follows:
Location
Ratio
Within the 12-digit HUCA
0.75:1
Within the eight-digit HUCB
1:1
In the adjacent eight-digit HUCB,C
2:1
A
Except within the Randleman Lake Watershed.
Within the Randleman Lake Watershed the
ratio is 1:1.
B
Except as provided in Paragraph (g) of this Rule.
C
To use mitigation in the adjacent eight-digit HUC,
the applicant shall describe why buffer
mitigation within
the eight-digit HUC is not practical for the project.
(g) GEOGRAPHIC RESTRICTIONS ON LOCATION OF
MITIGATION. Mitigation shall be performed in the same river
basin where the impact is located with the following additional
specifications:
(1)
In the following cases, mitigation shall be
performed in the same watershed in which the
impact is located:
(A)
Falls Lake Watershed, as defined in
Rule .0275 of this Section;
(B)
Goose Creek Watershed, as defined in
Rule .0601 of this Subchapter;
(C)
Randleman Lake Water Supply
Watershed, as defined in Rule .0248
of this Section;
(D)
Each subwatershed of the Jordan
Lake watershed, as defined in Rule
.0262 of this Section; and
(E)
Other watersheds as specified in
riparian buffer protection rules
adopted by the Commission.
(2)
Buffer mitigation for impacts within
watersheds with riparian buffer rules that also
have federally listed threatened or endangered
aquatic species may be done within other
watersheds with the same federally listed
threatened or endangered aquatic species as
long as the impacts are in the same river basin
and same Omernik Level III ecoregion
available
at
no
cost
at
http://www.epa.gov/wed/pages/ecoregions/lev
el_iii_iv.htm as the mitigation site.
(h) RIPARIAN BUFFER MITIGATION UNITS. Mitigation activities shall generate riparian buffer mitigation units as follows:
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Mitigation Activity
Restoration
Enhancement
Preservation on Non-Subject Urban Streams
Preservation on Subject Urban Streams
Preservation on Non-Subject Rural Streams
Preservation on Subject Rural Streams
Square Feet of
Mitigation Buffer
1
2
3
3
5
10
(i)
RIPARIAN
BUFFER
RESTORATION
OR
ENHANCEMENT.
Division staff shall make an on-site
determination as to whether a potential mitigation site qualifies
as a restoration or enhancement site as defined in Paragraph (b)
of this Rule. Riparian buffer restoration or enhancement sites
shall meet the following requirements:
(1)
Buffer restoration or enhancement may be
proposed as follows:
Urban Areas
Non-Urban Areas
Proposed
Proposed
Buffer
Buffer
Percentage
Percentage
width (ft)
width (ft)
of Full Credit
of Full Credit
Less than
Less than
0%
0%
20
20
20-29
75 %
20-29
0%
30-100
100 %
30-100
100 %
101-200 A
50 % A
101-200 A
50 % A
A
The area of the mitigation site beyond 100 linear feet
from the top of bank shall comprise no more
than 10 percent of the total area of mitigation.
(2)
(3)
(4)
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The location of the restoration or enhancement
shall comply with the requirements of
Paragraphs (e), (f), and (g) of this Rule. In
the Catawba watershed, buffer mitigation may
be done along the lake shoreline as well as
along intermittent and perennial stream
channels throughout the watershed.
Diffuse flow of runoff shall be maintained in
the riparian buffer. Any existing impervious
cover or stormwater conveyances such as
ditches,
pipes, or drain tiles shall be
eliminated and the flow converted to diffuse
flow. If elimination of existing stormwater
conveyances is not feasible, then the applicant
or mitigation provider shall provide a
delineation of the watershed draining to the
stormwater outfall and the percentage of the
total drainage treated by the riparian buffer for
Division approval; the Division may reduce
credit proportionally.
The applicant or mitigation provider shall
submit to the Authority a restoration or
enhancement plan for written approval by the
Division. The restoration or enhancement plan
shall demonstrate compliance with the
requirements of Subparagraphs (1) through (3)
of this Paragraph and shall contain the
(5)
(6)
(7)
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Riparian Buffer
Mitigation Units Generated
1
1
1
1
1
1
following in addition to the elements required
in Paragraph (c) of this Rule:
(A)
A map of the proposed restoration or
enhancement site;
(B)
A vegetation plan that shall include a
minimum of four native hardwood
tree species or four native hardwood
tree and native shrub species, where
no one species is greater than 50
percent
of
established
stems,
established at a density sufficient to
provide 260 stems per acre at the
completion of monitoring. Native
volunteer species may be included to
meet performance standards. The
Division may approve alternative
vegetation plans upon consideration
of factors, including site wetness and
plant availability to meet the
requirements of this Part;
(C)
A grading plan (if applicable). The
site shall be graded in a manner to
ensure diffuse flow through the entire
riparian buffer;
(D)
A schedule for implementation,
including a fertilization and herbicide
plan if applicable; and
(E)
A monitoring plan, including
monitoring of vegetative success and
other anticipated benefits to the
adjacent water as listed in the
authorization certification.
Within one year after the Division has
approved the restoration or enhancement plan,
the applicant or mitigation provider shall
present documentation to the Division that the
riparian buffer has been restored or enhanced
unless the Division agrees in writing to a
longer time period due to the necessity for a
longer construction period.
The mitigation area shall be placed under a
perpetual conservation easement or similar
legal protection mechanism to provide for
protection of the property's nutrient removal
and other water quality functions.
The applicant or mitigation provider shall
submit written annual reports for a period of
five years after the restoration or enhancement
has been conducted showing that the trees or
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tree and shrub species planted are meeting
success criteria and that diffuse flow through
the riparian buffer has been maintained. The
applicant or mitigation provider shall replace
trees or shrubs and restore diffuse flow if
needed during that five-year period.
Additional years of monitoring may be
required if the objectives under Paragraph (i)
have not been achieved at the end of the fiveyear monitoring period.
(8)
The mitigation provider shall provide a site
specific credit/debit ledger to the Division at
regular intervals once credits are established
and until they are exhausted.
(9)
The mitigation provider shall provide a
completion bond that is payable to the
Division sufficient to ensure that land
purchase, construction,
monitoring, and
maintenance are completed. A non-wasting
endowment or other financial mechanism for
perpetual maintenance and protection shall be
provided.
(j) PURCHASE OF BUFFER MITIGATION CREDITS FROM
A PRIVATE OR PUBLIC MITIGATION BANK. Applicants
who choose to satisfy some or all of their mitigation by
purchasing mitigation credits from a private or public mitigation
bank shall meet the following requirements:
(1)
The mitigation bank from which credits are
purchased is listed on the Division's webpage
(http://portal.ncdenr.org/web/wq/swp/ws/401)
and has available riparian buffer credits;
(2)
The mitigation bank from which credits are
purchased shall be located as described in
Paragraphs (e), (f), and (g) of this Rule; and
(3)
After receiving a mitigation acceptance letter
from the mitigation provider, proof of payment
for the credits shall be provided to the Division
prior to any activity that results in the removal
or degradation of the protected riparian buffer.
(k)
PAYMENT TO THE RIPARIAN BUFFER
RESTORATION FUND. Applicants who choose to satisfy
some or all of their mitigation determination by paying a
compensatory mitigation fee to the Riparian Buffer Restoration
Fund shall meet the requirements of Rule .0269 of this Section.
Payment made to the NC Ecosystem Enhancement Program (the
Program) shall be contingent upon acceptance of the payment
by the Program. The Program shall consider their financial,
temporal, and technical ability to satisfy the mitigation request
to determine whether they shall accept or deny the request.
(l) DONATION OF PROPERTY. Applicants who choose to
satisfy their mitigation determination by donating real property
or an interest in real property to fully or partially offset an
approved payment into the Riparian Buffer Restoration Fund
pursuant to Paragraph (k) of this Rule shall meet the following
requirements:
(1)
The value of the property interest shall be
determined by an appraisal performed in
accordance with Part (l)(4)(D) of this Rule.
The donation shall satisfy the mitigation
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(2)
(3)
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1208
determination if the appraised value of the
donated property interest is equal to or greater
than the required fee. If the appraised value of
the donated property interest is less than the
required fee calculated pursuant to Rule .0269
of this Section, the applicant shall pay the
remaining balance due.
The donation of real property interests shall be
granted in perpetuity.
Donation of real property interests to satisfy
the full or partial payments under Paragraph
(k) shall be accepted only if such property
meets the following requirements:
(A)
The property shall be suitable for
restoration or enhancement to
successfully produce viable riparian
buffer
compensatory
mitigation
credits in accordance with Paragraph
(i) of this Rule or the property shall
be suitable for preservation to
successfully produce viable riparian
buffer
compensatory
mitigation
credits in accordance with Part
(m)(2)(C) of this Rule;
(B)
The property shall be located in an
area where the Program
may
reasonably utilize the credits, based
on historical or projected use, to
offset
compensatory
mitigation
requirements;
(C)
The estimated cost of restoring or
enhancing and maintaining the
property shall not exceed the
projected mitigation credit value of
the property minus land acquisition
costs, except where the applicant
supplies additional funds acceptable
to the Program for restoration or
enhancement and maintenance of the
buffer;
(D)
The property shall not contain any
building, structure, object, site, or
district that is listed in the National
Register
of
Historic
Places
established pursuant to Public Law
89-665, 16 U.S.C. 470 as amended;
(E)
The property shall not contain any
hazardous substance or solid waste
such that water quality may be
adversely impacted, unless the
hazardous substance or solid waste
can be properly remediated before the
interest is transferred;
(F)
The property shall not contain
structures or materials that present
health or safety concerns to the
general public. If wells, septic, water,
or sewer connections exist, they shall
be filled, remediated or closed at
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(4)
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owner's expense in accordance with
state and local health and safety
regulations before the interest is
transferred. Sewer connections in
Zone 2 may be allowed for projects in
accordance with Part (m)(2)(E) of this
Rule;
(G)
The property and adjacent properties
shall not have prior, current, or
known future land use that may
jeopardize the functions of the
compensatory mitigation;
(H)
The property shall not have any
encumbrances or conditions that are
inconsistent with the requirements of
this Rule or purposes of Rules .0233,
.0243, .0250, .0259, .0267 or .0607 of
this Subchapter;
(I)
Fee simple title to the property or a
perpetual conservation easement on
the property shall be donated to the
State of North Carolina, a local
government, or a qualified holder
under N.C. General Statute 121-34 et
seq. and 26 USC 170(h) of the
Internal Revenue Code as approved
by the Department and the donee; and
(J)
The donation shall be accompanied
by a non-wasting endowment or other
financial mechanism for perpetual
maintenance and protection sufficient
to ensure perpetual long-term
monitoring and
maintenance.
However, when a local government
has donated a perpetual conservation
easement and entered into a binding
intergovernmental agreement with the
Program to manage and protect the
property consistent with the terms of
the perpetual conservation easement,
that local government shall not be
required to provide a non-wasting
endowment.
At the expense of the applicant or donor, the
following information shall be submitted to the
Program with any proposal for donations or
dedications of interest in real property:
(A)
Documentation that the property
meets the requirements
of
Subparagraph (l)(3) of this Rule;
(B)
A US Geological Survey 1:24,000
(7.5 minute) scale topographic map,
county tax map, USDA Natural
Resource
Conservation
Service
County Soil Survey Map, and county
road map showing the location of the
property to be donated, along with
information
on
existing
site
conditions, vegetation types, presence
of existing structures, and easements;
(C)
A current property survey performed
in accordance with the procedures of
the North Carolina Department of
Administration, State Property Office
as identified by the State Board of
Registration
for
Professional
Engineers and Land Surveyors as set
forth in 21 NCAC 56 .1600.
(D)
A current appraisal of the value of the
property performed in accordance
with the procedures of the North
Carolina
Department
of
Administration, State Property Office
as identified by the Appraisal Board
as set forth in 21 NCAC 57A .0501;
and
(E)
A complete attorney's report on title
with a title commitment for policy in
the name of the State of North
Carolina in the dollar amount of the
appraised value.
(m) ALTERNATIVE BUFFER MITIGATION OPTIONS.
Some or all of a buffer mitigation requirement may be met
through any of the alternative mitigation options described in
this Paragraph. Any proposal for alternative mitigation shall
meet the requirements of Paragraphs (c), (e), (f), and (g) of this
Rule, the requirements set out in the named Subparagraph
addressing that option, and the following requirements:
(1)
Any proposal for alternative mitigation shall
be provided in writing to the Division and
shall meet the following content and
procedural requirements for approval by the
Division:
(A)
Projects that have been constructed
and are within the required
monitoring period on the effective
date of this Rule are eligible for use
as alternative buffer mitigation.
Projects
that
have
completed
monitoring and
released by the
Division on or before the effective
date of this Rule are eligible for use
as alternative buffer mitigation for a
period of 10 years from the effective
date of this Rule;
(B)
The mitigation area shall be placed
under a perpetual conservation
easement or similar legal protection
mechanism to provide for protection
of the property's nutrient removal and
other water quality functions; and
(C)
A completion bond payable to the
Division sufficient to ensure that land
purchase, construction, monitoring,
and maintenance are completed.
(D)
A non-wasting endowment or other
financial mechanism for perpetual
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(2)
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maintenance and protection shall be
provided.
ALTERNATIVE BUFFER MITIGATION –
NON-STRUCTURAL,
VEGETATIVE
OPTIONS
(A)
Coastal
Headwater
Stream
Mitigation. Wooded buffers planted
along Outer Coastal Plain headwater
stream mitigation sites
may be
approved as riparian buffer mitigation
as long as the site meets all applicable
requirements of Paragraph (i) of this
Rule. In addition, all success criteria
including woody species, stem
density, diffuse flow, and stream
success criteria specified by the
Division in any required written
approval of the site shall be met. The
area of the buffer shall be measured
perpendicular to the length of the
valley being restored.
The area
within the proposed buffer mitigation
shall not also be used as wetland
mitigation. The mitigation provider
shall monitor the site for at least five
years from the date of planting by
providing annual reports for written
Division approval.
(B)
Buffer Restoration and Enhancement
on Non-Subject Streams. Restoration
or enhancement of buffers may be
conducted on intermittent or perennial
streams that are not subject to riparian
buffer rules. These streams shall be
confirmed as intermittent or perennial
streams by Division staff using the
Division publication, Methodology
for Identification of Intermittent and
Perennial Streams and Their Origins
(v.4.11, 2010) available at no cost at
http://portal.ncdenr.org/web/wq/swp/
ws/401/waterresources/streamdetermi
nations. The proposal shall meet all
applicable requirements of Paragraph
(i) of this Rule.
(C)
Preservation of Buffer on Non-subject
streams. Preservation of buffers on
intermittent or perennial streams that
are not subject to riparian buffer rules
may be proposed in order to
permanently protect the buffer from
cutting, clearing, filling, grading,
and similar activities that would
affect the functioning of the buffer.
These streams shall be confirmed as
intermittent or perennial streams by
Division staff using the Division
publication,
Methodology
for
Identification of Intermittent and
NORTH CAROLINA REGISTER
1210
(D)
(E)
Perennial Streams and Their Origins
(v.4.11, 2010). The preservation site
shall meet the requirements of
Subparagraphs (i)(1), (i)(3), (i)(6) and
Parts (l)(3)(D), (E), (F), (H) and (J) of
this Rule.
Preservation shall be
proposed only when restoration or
enhancement with an area at least
equal to the footprint of the buffer
impact has been proposed.
Preservation of Buffers on Subject
Streams. Buffer preservation may be
proposed in order to permanently
protect the buffer from cutting,
clearing,
filling,
grading, and
similar activities that would affect the
functioning of the buffer beyond the
protection afforded by the existing
buffer rules on sites that meet the
definition of a preservation site along
streams, estuaries, or ponds that are
subject to buffer rules.
The
preservation site shall meet the
requirements of
Subparagraphs
(i)(1), (i)(3), (i)(6) and
Parts
(l)(3)(D), (E), (F), (H) and (J) of this
Rule. Preservation shall be proposed
only when restoration or enhancement
of an area at least equal to the
footprint of the buffer impact has
been proposed.
Sewer easement within the buffer. If
the proposed mitigation site contains
a sewer easement in Zone 1, that
portion of the sewer easement within
Zone 1 is not suitable for buffer
mitigation. If the proposed mitigation
site contains a sewer easement in
Zone 2, the portion of the sewer
easement in Zone 2 may be suitable
for buffer mitigation if:
(i)
the applicant or mitigation
provider
restores
or
enhances the forested buffer
in Zone 1 adjacent to the
sewer easement;
(ii)
the sewer easement is at
least 30 feet wide;
(iii)
the sewer easement is
required to be maintained in
a condition that meets the
vegetative requirements of
the
collection
system
permit; and
(iv)
diffuse flow is provided
across the entire buffer
width.
The proposal shall meet all applicable
requirements of Paragraph (i) of this
NOVEMBER 17, 2014
TEMPORARY RULES
(F)
(G)
29:10
Rule for restoration or enhancement.
The proposal shall meet all applicable
requirements of Part (m)(2)(C) of this
Rule for preservation.
Enhancement of grazing areas
adjacent to streams. Buffer credit at a
2:1 ratio shall be available for an
applicant or mitigation provider who
proposes permanent exclusion of
grazing livestock that otherwise
degrade the stream and riparian zone
through trampling, grazing, or waste
deposition by fencing the livestock
out of the stream and its adjacent
buffer. The applicant or mitigation
provider
shall
provide
an
enhancement plan as set forth in
Paragraph (i).
The applicant or
mitigation provider shall demonstrate
that grazing was the predominant land
use since the effective date of the
applicable buffer rule.
Mitigation on ephemeral channels.
For purposes of riparian buffer
mitigation as described in this Part, an
"ephemeral channel" is defined as a
natural channel exhibiting discernible
banks
within
a
topographic
crenulation (V-shaped contour lines)
indicative of natural drainage on the
1:24,000
scale
(7.5
minute)
quadrangle topographic map prepared
by the U.S. Geologic Survey, or as
seen on digital elevation models with
contours developed from the most
recent available LiDAR data.
Ephemeral channels only flow for a
short period of time after precipitation
in the immediate area and do not have
periods of base flow sustained by
groundwater
discharge.
The
applicant or mitigation provider shall
provide a delineation of the watershed
draining to the ephemeral channel.
The entire area proposed for
mitigation
shall be within the
contributing drainage area to the
ephemeral channel. The ephemeral
channel shall be directly connected to
an intermittent or perennial stream
and contiguous with the rest of the
mitigation site protected under a
perpetual conservation easement.
The area of the mitigation site on
ephemeral channels shall comprise no
more than 25 percent of the total area
of mitigation. The proposal shall
meet all applicable requirements of
Paragraph (i) of this Rule for
(3)
NORTH CAROLINA REGISTER
1211
restoration or enhancement.
The
proposal shall meet all applicable
requirements of Part (m)(2)(C) of this
Rule for preservation.
(H)
Restoration and Enhancement on
Ditches. For purposes of riparian
buffer mitigation as described in this
Part, a "ditch" is defined as a manmade channel other than a modified
natural stream that was constructed
for drainage purposes. To be used for
mitigation, a ditch shall meet all of
the following criteria:
(i)
be directly connected with
and draining towards an
intermittent or perennial
stream;
(ii)
be contiguous with the rest
of the mitigation site
protected under a perpetual
conservation easement;
(iii)
stormwater runoff from
overland flow shall drain
towards the ditch;
(iv)
be between one and three
feet in depth; and
(v)
the entire length of the ditch
shall have been in place
prior to the effective date of
the applicable buffer rule.
The width of the restored or enhanced
area shall not be less than 30 feet and
shall not exceed 50 feet for crediting
purposes. The applicant or mitigation
provider shall provide a delineation of
the watershed draining to the ditch.
The watershed draining to the ditch
shall be at least four times larger than
the restored or enhanced area along
the ditch. The perpetual conservation
easement shall include the ditch and
the confluence of the ditch with the
intermittent or perennial stream, and
provide language that prohibits future
maintenance of the ditch.
The
proposal shall meet all applicable
requirements of Paragraph (i) of this
Rule for restoration or enhancement.
ALTERNATIVE BUFFER STORMWATER
TREATMENT OPTIONS.
(A)
For all structural options: Riparian
buffer restoration or enhancement is
required with an area at least equal to
the footprint of the buffer impact, and
the remaining mitigation resulting
from the multipliers may be met
through structural options;
(B)
Structural measures already required
by other local, state or federal rule or
NOVEMBER 17, 2014
TEMPORARY RULES
(C)
(D)
29:10
permit cannot be used as alternative
buffer mitigation, except to the extent
such
measure(s)
exceed
the
requirements of such rule or permit.
Stormwater
Best
Management
Practices
(BMPs),
including
bioretention facilities, constructed
wetlands, infiltration devices and
sand filter are all potentially
approvable (BMPs) for alternative
buffer mitigation. Other BMPs may
be approved only if they meet the
nutrient removal levels outlined in
Part (3)(C) of this Subparagraph.
Existing or planned BMPs for a local,
state, or federal rule or permit may be
retrofitted or expanded to improve
their nutrient removal if this level of
treatment would not be required by
other local, state, or federal rules. In
this case, the predicted increase in
nutrient removal may be counted
toward alternative buffer mitigation;
Minimum treatment levels:
Any
structural BMP shall provide at least
30 percent total nitrogen and 35
percent total phosphorus removal as
demonstrated by a scientific and
engineering literature review as
approved by the Division.
The
mitigation proposal shall demonstrate
that the proposed alternative removes
an equal or greater annual mass load
of nutrients to surface waters as the
buffer impact authorized in the
authorization certificate or variance,
following the calculation of impact
and mitigation areas pursuant to
Paragraphs (d), (e), and (f) of this
Rule. To estimate the rate of nutrient
removal of the impacted buffer, the
applicant or mitigation provider shall
use a method previously approved by
the Division.
The applicant or
mitigation provider may propose an
alternative method of estimating the
rate of nutrient removal for
consideration and review by the
Division;
All proposed structural BMPs shall
follow
the
Division's
2009
Stormwater
Best
Management
Practice Design Manual available at
no
cost
at
http://portal.ncdenr.org/web/lr/bmpmanual.
If a specific proposed
structural BMP is not addressed in
this Manual, the applicant or
mitigation provider shall follow
NORTH CAROLINA REGISTER
1212
(E)
(F)
(G)
(H)
(I)
(J)
(K)
Chapter 20 in this Manual for
approval;
All structural options are required to
have Division approved operation and
maintenance plans; ;
All structural options are required to
have continuous and perpetual
maintenance and shall follow the
Division's 2009 Stormwater Best
Management
Practice
Design
Manual;
Upon completion of construction, the
designer for the type of BMP installed
shall certify that the system was
inspected during construction and that
the BMP was constructed in
substantial conformity with plans and
specifications approved by the
Division;
Removal
and
replacement
of
structural options: If a structural
option is proposed to be removed and
cannot be replaced on-site, then a
structural or non-structural measure
of equal or better nutrient removal
capacity in a location as specified by
Paragraph (f) and (g) of this Rule
shall be constructed as a replacement;
Renovation or repair of structural
options: If a structural option must be
renovated or repaired, it shall be
renovated to provide equal or better
nutrient removal capacity than as
originally designed;
Structural options as well as their
operation and maintenance are the
responsibility of the landowner or
easement holder unless the Division
gives written approval for another
responsible party to operate and
maintain them. Structural options
shall be located in recorded drainage
easements for the purposes of
operation and maintenance and shall
have recorded access easements to the
nearest public right-of-way. These
easements shall be granted in favor of
the party responsible for operating
and maintaining the structure, with a
note that operation and maintenance
is the responsibility of the landowner,
easement holder or other responsible
party; and
Bonding
and
endowment.
A
completion bond
payable to the
Division sufficient to ensure that land
purchase, construction, monitoring,
and maintenance are completed and a
non-wasting endowment or other
NOVEMBER 17, 2014
TEMPORARY RULES
financial mechanism for perpetual
maintenance and protection shall be
provided.
(4)
OTHER
ALTERNATIVE
BUFFER
MITIGATION OPTIONS.
Other riparian
buffer mitigation options may be considered
by the Division on a case-by-case basis after
30-day public notice through the Division's
Water Quality Certification Mailing List in
accordance with 15A NCAC 02H .0503 as
long as the options otherwise meet the
requirements of this Rule. Division staff shall
present
recommendations
to
the
Environmental Management Commission for a
final decision with respect to any proposal for
alternative buffer mitigation options not
specified in this Rule.
(n) ACCOUNTING FOR BUFFER CREDIT, NUTRIENT
OFFSET CREDIT AND STREAM MITIGATION CREDIT.
Buffer mitigation credit, nutrient offset credit, wetland
mitigation
credit, and stream mitigation credit shall be
accounted for in accordance with the following:
29:10
(1)
(2)
(3)
Buffer mitigation used for buffer mitigation
credit shall not be used for nutrient offset
credits;
Buffer mitigation or nutrient offset credit shall
not be generated within wetlands that provide
wetland mitigation credit required by 15A
NCAC 02H .0506; and
Either buffer mitigation or nutrient offset
credit may be generated on stream mitigation
sites as long as the width of the restored or
enhanced
riparian
buffer
meets
the
requirements of Subparagraph (i)(1).
History Note:
Authority 143-214.1; 143-214.5; 143-214.7;
143-214.20; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143215.6C; 143-215.8A; 143-215.8B; 143-282(c); 143B-282(d);
S.L. 1998-221; S.L. 1999-329, s. 7.1; S.L. 2001-418, s. 4.(a);
S.L. 2003-340, s. 5; S.L. 2005-190; S.L. 2006-259; S.L. 2009337; S.L. 2009-486; S.L. 2014-95;
Temporary Adoption Eff. October 24, 2014.
NORTH CAROLINA REGISTER
1213
NOVEMBER 17, 2014
RULES REVIEW COMMISSION
This Section contains information for the meeting of the Rules Review Commission on October 16, 2014 at 1711 New Hope
Church Road, RRC Commission Room, Raleigh, NC. Anyone wishing to submit written comment on any rule before the
Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners. Specific
instructions and addresses may be obtained from the Rules Review Commission at 919-431-3000. Anyone wishing to
address the Commission should notify the RRC staff and the agency no later than 5:00 p.m. of the 2 nd business day before
the meeting. Please refer to RRC rules codified in 26 NCAC 05.
RULES REVIEW COMMISSION MEMBERS
Appointed by Senate
Appointed by House
Margaret Currin (Chair)
Garth Dunklin (1st Vice Chair)
Jeff Hyde
Stephanie Simpson (2nd Vice Chair)
Jay Hemphill
Jeanette Doran
Faylene Whitaker
Ralph A. Walker
Anna Baird Choi
COMMISSION COUNSEL
Abigail Hammond
(919)431-3076
Amber Cronk May
(919)431-3074
Amanda Reeder
(919)431-3079
RULES REVIEW COMMISSION MEETING DATES
November 20, 2014
December 18, 2014
January 15, 2015
February 19, 2015
RULES REVIEW COMMISSION MEETING
MINUTES
October 16, 2014
The Rules Review Commission met on Thursday, October 16, 2014, in the Commission Room at 1711 New Hope Church
Road, Raleigh, North Carolina. Commissioners present were: Anna Choi, Margaret Currin, Jeanette Doran, Garth
Dunklin, Jay Hemphill, Jeff Hyde, Stephanie Simpson, and Ralph Walker.
Staff members present were: Commission counsels Abigail Hammond and Amanda Reeder; and Julie Brincefield, Alex
Burgos, and Dana Vojtko.
The meeting was called to order at 10:02 a.m. with Chairman Currin presiding.
Chief Administrative Law Judge for the OAH, the Honorable Julian Mann III, addressed the Commission.
Judge Mann presented Senior Administrative Law Judge Fred Morrison with his 45 year service award.
Judge Morrison addressed the Commission.
Chairman Currin introduced Campbell Law School student Mary Jane Richardson.
Chairman Currin read the notice required by G.S. 138A-15(e) and reminded the Commission members that they have a
duty to avoid conflicts of interest and the appearances of conflicts.
APPROVAL OF MINUTES
Chairman Currin asked for any discussion, comments, or corrections concerning the minutes of the September 18, 2014
meeting. There were none and the minutes were approved as distributed.
FOLLOW-UP MATTERS
Board of Dental Examiners – 21 NCAC 16D .0104, .0106; 16E .0103, .0104. All rules were unanimously approved with
the following exception: Rule 21 NCAC 16D .0106 was withdrawn at the request of the agency.
29:10
NORTH CAROLINA REGISTER
1214
NOVEMBER 17, 2014
RULES REVIEW COMMISSION
Prior to the review of the rules from the Board of Dental Examiners, Commissioner Choi recused herself and did not
participate in any discussion or vote concerning these rules because her law firm provides limited legal representation
unrelated to rulemaking to the Board.
LOG OF FILINGS (PERMANENT RULES)
Board of Agriculture
The Commission extended the period of review on Rule 02 NCAC 20B .0413 rule in accordance with G.S. 150B-21.13.
The Commission extended the period of review to allow the North Carolina Board of Agriculture additional time to review
staff’s Request for Technical Changes.
Industrial Commission
All rules were unanimously approved.
Medical Care Commission
All rules were unanimously approved.
Criminal Justice Education and Training Standards Commission
Trevor Allen with the agency introduced Merrily Cheek, the new rulemaking coordinator for the agency.
All rules were unanimously approved.
Irrigation Contractors Licensing Board
All rules were withdrawn at the request of the agency.
NC Medical Board/Perfusion Advisory Committee
21 NCAC 32V .0102 was unanimously approved.
TEMPORARY RULES
Social Services Commission
David Locklear with the agency addressed the Commission.
Sharon Moore with the agency addressed the Commission.
Sarah Preston with the ACLU addressed the Commission.
10A NCAC 71W .0905 was approved, with Commissioner Hemphill opposed.
Environmental Management Commission
15A NCAC 02B .0295 was unanimously approved.
EXISTING RULES REVIEW
Environmental Management Commission
15A NCAC 02B, 02H, 02T, 02U – The Commission unanimously approved the reports as submitted by the agency.
COMMISSION BUSINESS
The Commission discussed holding a special meeting in December for consideration of the proposed rules of the Mining
and Energy Commission. The Commission voted to hold the special meeting on Wednesday, December 17, 2014, in
addition to the regularly scheduled meeting on Thursday, December 18, 2014. On both days, the meeting will convene at
9:00 a.m.
The meeting adjourned at 12:18 p.m.
The next regularly scheduled meeting of the Commission is Thursday, November 20 th at 10:00 a.m.
There is a digital recording of the entire meeting available from the Office of Administrative Hearings /Rules Division.
Respectfully Submitted,
Julie Brincefield
Administrative Assistant
29:10
NORTH CAROLINA REGISTER
1215
NOVEMBER 17, 2014
RULES REVIEW COMMISSION
29:10
NORTH CAROLINA REGISTER
1216
NOVEMBER 17, 2014
RULES REVIEW COMMISSION
29:10
NORTH CAROLINA REGISTER
1217
NOVEMBER 17, 2014
RULES REVIEW COMMISSION
LIST OF APPROVED PERMANENT RULES
October 16, 2014 Meeting
INDUSTRIAL COMMISSION
Discovery
Medical Motions and Emergency Medical Motions
Review by the Full Commission
Review of Administrative Decisions
Vocational Rehabilitation Services and Return to Work
Hearing Costs or Fees
Fees Set by the Commission
Form 21 - Agreement for Compensation for Disability
Supplemental Agreement as to Payment of Compensation
Form 26A - Employer's Admission of Employee's Right to Pe...
04
04
04
04
04
04
04
04
04
04
NCAC
NCAC
NCAC
NCAC
NCAC
NCAC
NCAC
NCAC
NCAC
NCAC
10A
10A
10A
10A
10C
10E
10E
10L
10L
10L
.0605
.0609A
.0701
.0702
.0109
.0202
.0203
.0101
.0102
.0103
MEDICAL CARE COMMISSION
Itemized Charges
Required Policies, Rules, and Regulations
Requirements for Issuance of a License
Itemized Charges
Governing Authority
Preservation of Medical Records
Use of Nurse Practitioners and physician Assistants
10A
10A
10A
10A
10A
10A
10A
NCAC
NCAC
NCAC
NCAC
NCAC
NCAC
NCAC
13B
13B
13C
13C
13C
13D
13D
.3110
.3502
.0202
.0205
.0301
.2402
.2503
CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS COMMISSION
Responsibilities of the School Director
Basic Law Enforcement Training
Criminal Justice Instructor Training
Specialized Firearms Instruction Training
Specialized Driver Instructor Training
Specialized Subject Control Arrest Techniques Instructor ...
Specialized Physical Fitness Instructor Training
General Instructor Certification
Specialized Instructor Certification
Time Requirement for Completion of Training
Evaluation for Training Waiver
Comprehensive Written Examination - Basic Law Enforcement...
Comprehensive Written Examination - Basic SMI Certification
Comprehensive Written Exam - Instructor Training
Comprehensive Written Exam - Specialized Instructor Training
Satisfaction of Minimum Training - SMI Instructor
Pre-Delivery Report of Training Course Presentation
Reports of Training Course Presentation and Completion
Minimum Training Specifications: Annual In-Service Training
Topical Areas
General Instructor Certification
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
NCAC
NCAC
NCAC
NCAC
NCAC
NCAC
NCAC
NCAC
NCAC
NCAC
NCAC
NCAC
NCAC
NCAC
NCAC
NCAC
NCAC
NCAC
NCAC
NCAC
NCAC
09B
09B
09B
09B
09B
09B
09B
09B
09B
09B
09B
09B
09B
09B
09B
09B
09C
09C
09E
09F
09G
.0202
.0205
.0209
.0226
.0227
.0232
.0233
.0302
.0304
.0401
.0403
.0406
.0408
.0413
.0414
.0416
.0211
.0403
.0105
.0102
.0308
29:10
NORTH CAROLINA REGISTER
1218
NOVEMBER 17, 2014
RULES REVIEW COMMISSION
Comprehensive Written Exam - Instructor Training
Instructor Training
12 NCAC 09G .0314
12 NCAC 09G .0414
DENTAL EXAMINERS, BOARD OF
Application
Application
Examination
21 NCAC 16D .0104
21 NCAC 16E .0103
21 NCAC 16E .0104
NC MEDICAL BOARD/PERFUSION ADVISORY COMMITTEE
Definitions
21 NCAC 32V .0102
RRC DETERMINATION PERIODIC RULE REVIEW
October 16, 2014
Necessary with Substantive Public Interest
Environmental Management Commission
15A NCAC 02B .0101
15A NCAC 02B .0103
15A NCAC 02B .0104
15A NCAC 02B .0106
15A NCAC 02B .0108
15A NCAC 02B .0110
15A NCAC 02B .0201
15A NCAC 02B .0202
15A NCAC 02B .0203
15A NCAC 02B .0204
15A NCAC 02B .0205
15A NCAC 02B .0206
15A NCAC 02B .0208
15A NCAC 02B .0211
15A NCAC 02B .0212
15A NCAC 02B .0214
15A NCAC 02B .0215
15A NCAC 02B .0216
15A NCAC 02B .0218
15A NCAC 02B .0219
15A NCAC 02B .0220
15A NCAC 02B .0221
15A NCAC 02B .0222
15A NCAC 02B .0223
15A NCAC 02B .0224
15A NCAC 02B .0225
15A NCAC 02B .0226
15A NCAC 02B .0227
15A NCAC 02B .0228
15A NCAC 02B .0229
15A NCAC 02B .0230
15A NCAC 02B .0231
15A NCAC 02B .0232
15A NCAC 02B .0233
15A NCAC 02B .0234
15A NCAC 02B .0235
15A NCAC 02B .0236
29:10
15A NCAC 02B .0237
15A NCAC 02B .0238
15A NCAC 02B .0239
15A NCAC 02B .0240
15A NCAC 02B .0241
15A NCAC 02B .0242
15A NCAC 02B .0243
15A NCAC 02B .0244
15A NCAC 02B .0248
15A NCAC 02B .0249
15A NCAC 02B .0250
15A NCAC 02B .0251
15A NCAC 02B .0252
15A NCAC 02B .0255
15A NCAC 02B .0256
15A NCAC 02B .0257
15A NCAC 02B .0258
15A NCAC 02B .0259
15A NCAC 02B .0260
15A NCAC 02B .0261
15A NCAC 02B .0262
15A NCAC 02B .0263
15A NCAC 02B .0264
15A NCAC 02B .0265
15A NCAC 02B .0267
15A NCAC 02B .0268
15A NCAC 02B .0269
15A NCAC 02B .0270
15A NCAC 02B .0271
15A NCAC 02B .0272
15A NCAC 02B .0273
15A NCAC 02B .0274
15A NCAC 02B .0275
15A NCAC 02B .0276
15A NCAC 02B .0277
15A NCAC 02B .0278
15A NCAC 02B .0279
NORTH CAROLINA REGISTER
1219
15A NCAC 02B .0280
15A NCAC 02B .0281
15A NCAC 02B .0282
15A NCAC 02B .0301
15A NCAC 02B .0302
15A NCAC 02B .0303
15A NCAC 02B .0304
15A NCAC 02B .0305
15A NCAC 02B .0306
15A NCAC 02B .0307
15A NCAC 02B .0308
15A NCAC 02B .0309
15A NCAC 02B .0310
15A NCAC 02B .0311
15A NCAC 02B .0312
15A NCAC 02B .0313
15A NCAC 02B .0314
15A NCAC 02B .0315
15A NCAC 02B .0316
15A NCAC 02B .0317
15A NCAC 02B .0402
15A NCAC 02B .0403
15A NCAC 02B .0404
15A NCAC 02B .0406
15A NCAC 02B .0407
15A NCAC 02B .0501
15A NCAC 02B .0502
15A NCAC 02B .0503
15A NCAC 02B .0504
15A NCAC 02B .0505
15A NCAC 02B .0506
15A NCAC 02B .0508
15A NCAC 02B .0601
15A NCAC 02B .0602
15A NCAC 02B .0603
15A NCAC 02B .0604
15A NCAC 02B .0605
NOVEMBER 17, 2014
RULES REVIEW COMMISSION
15A NCAC 02B .0606
15A NCAC 02B .0607
15A NCAC 02B .0608
15A NCAC 02B .0609
15A NCAC 02H .0101
15A NCAC 02H .0102
15A NCAC 02H .0103
15A NCAC 02H .0105
15A NCAC 02H .0106
15A NCAC 02H .0107
15A NCAC 02H .0108
15A NCAC 02H .0109
15A NCAC 02H .0111
15A NCAC 02H .0112
15A NCAC 02H .0113
15A NCAC 02H .0114
15A NCAC 02H .0115
15A NCAC 02H .0116
15A NCAC 02H .0117
15A NCAC 02H .0118
15A NCAC 02H .0120
15A NCAC 02H .0121
15A NCAC 02H .0124
15A NCAC 02H .0125
15A NCAC 02H .0126
15A NCAC 02H .0127
15A NCAC 02H .0138
15A NCAC 02H .0139
15A NCAC 02H .0140
15A NCAC 02H .0141
15A NCAC 02H .0142
15A NCAC 02H .0150
15A NCAC 02H .0151
15A NCAC 02H .0152
15A NCAC 02H .0153
15A NCAC 02H .0154
15A NCAC 02H .0223
15A NCAC 02H .0224
15A NCAC 02H .0401
15A NCAC 02H .0402
15A NCAC 02H .0403
15A NCAC 02H .0404
15A NCAC 02H .0405
15A NCAC 02H .0406
15A NCAC 02H .0407
15A NCAC 02H .0501
15A NCAC 02H .0502
15A NCAC 02H .0503
15A NCAC 02H .0504
15A NCAC 02H .0506
15A NCAC 02H .0507
15A NCAC 02H .0801
15A NCAC 02H .0802
15A NCAC 02H .0803
15A NCAC 02H .0804
15A NCAC 02H .0805
15A NCAC 02H .0806
15A NCAC 02H .0807
15A NCAC 02H .0808
29:10
15A NCAC 02H .0809
15A NCAC 02H .0810
15A NCAC 02H .0901
15A NCAC 02H .0902
15A NCAC 02H .0903
15A NCAC 02H .0904
15A NCAC 02H .0905
15A NCAC 02H .0906
15A NCAC 02H .0907
15A NCAC 02H .0908
15A NCAC 02H .0909
15A NCAC 02H .0910
15A NCAC 02H .0912
15A NCAC 02H .0913
15A NCAC 02H .0914
15A NCAC 02H .0915
15A NCAC 02H .0916
15A NCAC 02H .0917
15A NCAC 02H .0918
15A NCAC 02H .0919
15A NCAC 02H .0920
15A NCAC 02H .0921
15A NCAC 02H .0922
15A NCAC 02H .1001
15A NCAC 02H .1002
15A NCAC 02H .1003
15A NCAC 02H .1005
15A NCAC 02H .1006
15A NCAC 02H .1007
15A NCAC 02H .1008
15A NCAC 02H .1009
15A NCAC 02H .1010
15A NCAC 02H .1011
15A NCAC 02H .1012
15A NCAC 02H .1013
15A NCAC 02H .1014
15A NCAC 02H .1015
15A NCAC 02H .1016
15A NCAC 02H .1017
15A NCAC 02H .1020
15A NCAC 02H .1101
15A NCAC 02H .1102
15A NCAC 02H .1103
15A NCAC 02H .1104
15A NCAC 02H .1105
15A NCAC 02H .1106
15A NCAC 02H .1107
15A NCAC 02H .1108
15A NCAC 02H .1109
15A NCAC 02H .1110
15A NCAC 02H .1111
15A NCAC 02H .1201
15A NCAC 02H .1202
15A NCAC 02H .1203
15A NCAC 02H .1204
15A NCAC 02H .1205
15A NCAC 02H .1206
15A NCAC 02H .1301
15A NCAC 02H .1302
NORTH CAROLINA REGISTER
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15A NCAC 02H .1303
15A NCAC 02H .1304
15A NCAC 02H .1305
15A NCAC 02T .0101
15A NCAC 02T .0102
15A NCAC 02T .0103
15A NCAC 02T .0104
15A NCAC 02T .0105
15A NCAC 02T .0106
15A NCAC 02T .0107
15A NCAC 02T .0108
15A NCAC 02T .0109
15A NCAC 02T .0110
15A NCAC 02T .0111
15A NCAC 02T .0112
15A NCAC 02T .0113
15A NCAC 02T .0114
15A NCAC 02T .0115
15A NCAC 02T .0116
15A NCAC 02T .0117
15A NCAC 02T .0118
15A NCAC 02T .0120
15A NCAC 02T .0201
15A NCAC 02T .0203
15A NCAC 02T .0204
15A NCAC 02T .0301
15A NCAC 02T .0302
15A NCAC 02T .0303
15A NCAC 02T .0304
15A NCAC 02T .0305
15A NCAC 02T .0306
15A NCAC 02T .0401
15A NCAC 02T .0402
15A NCAC 02T .0403
15A NCAC 02T .0404
15A NCAC 02T .0405
15A NCAC 02T .0501
15A NCAC 02T .0504
15A NCAC 02T .0505
15A NCAC 02T .0506
15A NCAC 02T .0507
15A NCAC 02T .0508
15A NCAC 02T .0601
15A NCAC 02T .0604
15A NCAC 02T .0605
15A NCAC 02T .0606
15A NCAC 02T .0607
15A NCAC 02T .0701
15A NCAC 02T .0702
15A NCAC 02T .0704
15A NCAC 02T .0705
15A NCAC 02T .0706
15A NCAC 02T .0707
15A NCAC 02T .0708
15A NCAC 02T .0801
15A NCAC 02T .0804
15A NCAC 02T .0805
15A NCAC 02T .0806
15A NCAC 02T .1001
NOVEMBER 17, 2014
RULES REVIEW COMMISSION
15A NCAC 02T .1003
15A NCAC 02T .1004
15A NCAC 02T .1005
15A NCAC 02T .1006
15A NCAC 02T .1007
15A NCAC 02T .1008
15A NCAC 02T .1101
15A NCAC 02T .1102
15A NCAC 02T .1103
15A NCAC 02T .1104
15A NCAC 02T .1105
15A NCAC 02T .1106
15A NCAC 02T .1107
15A NCAC 02T .1108
15A NCAC 02T .1109
15A NCAC 02T .1110
15A NCAC 02T .1111
15A NCAC 02T .1201
15A NCAC 02T .1202
15A NCAC 02T .1203
15A NCAC 02T .1204
15A NCAC 02T .1205
15A NCAC 02T .1206
15A NCAC 02T .1207
15A NCAC 02T .1208
15A NCAC 02T .1209
15A NCAC 02T .1301
15A NCAC 02T .1302
15A NCAC 02T .1303
29:10
15A NCAC 02T .1304
15A NCAC 02T .1305
15A NCAC 02T .1306
15A NCAC 02T .1307
15A NCAC 02T .1308
15A NCAC 02T .1309
15A NCAC 02T .1401
15A NCAC 02T .1402
15A NCAC 02T .1403
15A NCAC 02T .1404
15A NCAC 02T .1501
15A NCAC 02T .1502
15A NCAC 02T .1503
15A NCAC 02T .1504
15A NCAC 02T .1505
15A NCAC 02T .1506
15A NCAC 02T .1507
15A NCAC 02T .1601
15A NCAC 02T .1602
15A NCAC 02T .1604
15A NCAC 02T .1605
15A NCAC 02T .1606
15A NCAC 02T .1607
15A NCAC 02T .1608
15A NCAC 02U .0101
15A NCAC 02U .0102
15A NCAC 02U .0103
15A NCAC 02U .0104
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NORTH CAROLINA REGISTER
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15A NCAC 02U .0107
15A NCAC 02U .0108
15A NCAC 02U .0109
15A NCAC 02U .0110
15A NCAC 02U .0111
15A NCAC 02U .0112
15A NCAC 02U .0113
15A NCAC 02U .0114
15A NCAC 02U .0115
15A NCAC 02U .0116
15A NCAC 02U .0117
15A NCAC 02U .0120
15A NCAC 02U .0201
15A NCAC 02U .0202
15A NCAC 02U .0301
15A NCAC 02U .0401
15A NCAC 02U .0402
15A NCAC 02U .0403
15A NCAC 02U .0501
15A NCAC 02U .0601
15A NCAC 02U .0701
15A NCAC 02U .0801
15A NCAC 02U .0802
15A NCAC 02U .0901
15A NCAC 02U .1101
15A NCAC 02U .1401
NOVEMBER 17, 2014
CONTESTED CASE DECISIONS
This Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index to
all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of the
decisions listed in the index and not published are available upon request for a minimal charge by contacting the Office of
Administrative Hearings, (919) 431-3000. Also, the Contested Case Decisions are available on the Internet at
http://www.ncoah.com/hearings.
OFFICE OF ADMINISTRATIVE HEARINGS
Chief Administrative Law Judge
JULIAN MANN, III
Senior Administrative Law Judge
FRED G. MORRISON JR.
ADMINISTRATIVE LAW JUDGES
Melissa Owens Lassiter
Don Overby
J. Randall May
J. Randolph Ward
A. B. Elkins II
Selina Brooks
Craig Croom
CASE
NUMBER
DATE
ABC Commission v. Noble 6 Enterprises LLC, T/A Peppermint Rabbit
13 ABC 20226
08/13/14
ABC Commission v. Demetrius Earl Smith, T/A Smith's Convenient Store
Melody Locklear McNair v. ABC Commission
Marcus L. Bellamy T/A Bellas Grill v. ABC Commission
Kelvin M. Williams, dba Da Wave v. ABC Commission
ABC Commission v. Prescott Elliot Urban Environments LLC T/A Marquis Market
14 ABC 01354
14 ABC 02323
14 ABC 03485
14 ABC 04723
14 ABC 04798
08/18/14
06/25/14
07/24/14
09/12/14
10/02/14
Travis Earl Atkinson v. NC Victims Compensation Commission
13 CPS 16304
09/02/14
Carl John Perkinson v. Department of Public Safety
Karen Tate v. Victims Compensation Commission
Waheeda Ammeri v. Department of Public Safety
Jacorey Thomas v. NC DPS Victim Services
Rodger L. Ackerson v. Janice W. Carmichael, NC Crime Victims Compensation
Commission
14 CPS 02245
14 CPS 02397
14 CPS 03254
14 CPS 05922
14 CPS 06627
06/24/14
09/03/14
07/21/14
10/20/14
10/14/14
M. Yaghi, DDS, P.A. v. DHHS
M. Yaghi, DDS, P.A. v. DHHS
11 DHR 11579
11 DHR 11580
09/15/14
09/15/14
Senior Home Care Services, Inc. v. DHHS
Parker Home Care LLC v. DHHS, Division of Medical Assistance
Johnson Allied Health Services, Inc. v. DHHS
Helen Graves v. Alamance County Department of Social Services and NC Department of
Health and Human Services, Division of Health Service Regulation
12 DHR 09750
12 DHR 10864
12 DHR 11536
12 DHR 12411
08/13/14
10/06/14
09/02/14
09/02/14
AHB Psychological Services v. DHHS and Alliance Behavioral Healthcare
Albert Barron, Sr. v. Eastpointe Human Services Local Management Entity
At Home Personal Care Services, Inc. v. DHHS, Division of Medical Assistance
AHB Psychological Services v. DHHS and Alliance Behavioral Healthcare
Sheryl A. Lyons v. DHHS
Cleveland Otis Dunston v. North Carolina Nurse Aide Registry
Kenneth Terrell Ford v. DHHS, Division of Facility Services
13 DHR 00115
13 DHR 00784
13 DHR 01922
13 DHR 08874
13 DHR 10228
13 DHR 10364
13 DHR 10745
01/06/14
04/22/14
03/20/14
01/06/14
05/12/14
10/06/14
02/12/14
AGENCY
PUBLISHED
DECISION
REGISTER
CITATION
ALCOHOLIC BEVERAGE CONTROL COMMISSION
DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY
DEPARTMENT OF HEALTH AND HUMAN SERVICES
29:10
NORTH CAROLINA REGISTER
1222
29:02 NCR 202
29:04 NCR 444
29:07 NCR 834
29:02 NCR 202
29:05 NCR 559
29:03 NCR 356
NOVEMBER 17, 2014
CONTESTED CASE DECISIONS
Pamela Byrd v. DHHS
Mary Lynne Nance v. DHHS, Division of Health Service
Tricare Counseling and Consulting, Inc. v. DHHS, Division of Medical Assistance
Neogenesis, LLC v. DHHS, Division of Medical Assistance and its agent Eastpointe Human
Services Local Management Entity
J. Mark Oliver DDS, PLLC v. DHHS, Division of Medical Assistance
Genesis Project 1 Inc. v. DHHS, Division of Medical Assistance and its agent, Mecklink
Behavioral Healthcare
Ervin Smith v. DHHS, Division of Health Service Regulation, Health Care Personnel
Registry
Ashley Renee Davis v. Department of Human Services
Estate of Earlene W. Alston, Lewis E. Alston v. DHHS, DMA
Total Renal Care of North Carolina, LLC v. DHHS, Division of Health Service Regulation,
Certificate of Need Section and Bio-Medical Applications of North Carolina
Total Renal Care of North Carolina, LLC v. DHHS, Division of Health Service Regulation,
Certificate of Need Section and Bio-Medical Applications of North Carolina
Lawanda Suggs v. DHHS, Division of Health Service Regulation, Health Care Personnel
Registry
David LeGrand v. DHHS, Division of Health Service Regulation , Health Care Personnel
Registry
John A. Page v. DHHS
United Home Care, Inc. d/b/a Untied Home Health, Inc. d/b/a United Home Health v.
DHHS, Division of Health Service Regulation, Certificate of Need Section, and
Maxim Healthcare Services, Inc.
Susan Arrowood, OLPC v. DHHS, Division of Medical Assistance and its agent Partners
Behavioral Health Management
Rosemary Nwankwo v. DHHS
Akinsola Ade Okunsokan v. DHHS, Division of Health Service Regulation, Health Care
Personnel Registry
Marilyn Sherrill v. DHHS
Angelo Cornilus Graham v. Office of Administrative Hearings
HSB Enterprise Corporation, Hettion S. Booker v. DHHS, Division of Medical Assistance,
Program Integrity Section
Leisa Lenora Dockery v. DHHS, Division of Health Service Regulation, Health Care
Personnel Registry
Gregory P. Lathan, President and Registered Agent, The EI Group Inc. v. DHHS
13 DHR 12691
13 DHR 13351
13 DHR 14221
13 DHR 14222
11/05/13
05/13/14
12/31/13
06/09/14
29:06 NCR 685
29:08 NCR 959
29:04 NCR 460
29:09 NCR 1113
13 DHR 14369
13 DHR 17094
02/19/14
12/16/13
29:02 NCR 206
29:01 NCR 70
13 DHR 17560
07/30/14
13 DHR 17606
13 DHR 17909
13 DHR 18127
09/02/14
04/08/14
06/23/14
29:02 NCR 211
29:07 NCR 842
13 DHR 18223
06/23/14
29:07 NCR 842
13 DHR 18454
08/15/14
13 DHR 18668
08/01/14
29:10 NCR 1229
13 DHR 19546
13 DHR 19690
09/24/14
06/05/14
29:09 NCR 1122
13 DHR 19981
01/08/14
29:03 NCR 366
13 DHR 20013
13 DHR 20066
08/13/14
09/26/14
13 DHR 20086
13 DHR 20090
13 DHR 20235
08/13/14
10/01/14
09/02/14
13 DHR 20318
09/15/14
13 DHR 20332
08/20/14
Jacqueline Marie Jackson v. DHHS, Division of Health Service Regulation, Health Care
Personnel Registry
Parker Home Care LLC v. DHHS
Nadiah Porter v. Durham County Department of Social Services (DSS) (Formerly Durham's
Alliance for Child Care Access, DACCA)
Wittner Wright and Lisa Wright v. DHHS
Darrick Pratt v. DHHS, Division of Health Service Regulation
Victoria McLaughlin v. DHHS, Division of Health Service Regulation
Elite Care Inc. Demetrice Wilson v. DHHS and East Carolina Behavioral Health
Elizabeth Mitchell v. Durham DSS
Wayne Mitchell v. Durham DSS
Robert Stanley Hendricks v. Walter B. Jones
Prince Onwuka, Roda V. Onwuka v. Division of Child Development and Early Education
Andrea Cook v. DHHS, Division of Health Service Regulation
Dianne Lucas v. DHHS, Division of Health Service Regulation
Faisal Saed Ismail v. New Hanover County DSS
Evangela Wayne v. DHHS, Division of Health Service Regulation
Peter K. Kagwanja, owner Lighthouse Foodmart v. DHHS, Division of Public Health
Independent Living Group Home Shanita Lovelace v. DHHS
Jennifer Lyn McKinney v. DHHS, Division of Health Service Regulation
Juan Wilbornx v. DHHS
Harold Eku John Coker v. Office of Administrative Hearings
TT & T Services, Inc. v. DHHS, Division of Medical Assistance and Eastpointe Human
Services
Lori Brady, Administrator, Randolph Fellowship Home Inc., Alpha House v. DHHS,
Division of Health Service Regulation
Wilbert Nichols III, Community Alternative Housing Inc. v. Eastpointe MCO, Tichina
Hamer
14 DHR 00460
07/10/14
14 DHR 00752
14 DHR 01309
10/06/14
06/30/14
14 DHR 01510
14 DHR 01598
14 DHR 01741
14 DHR 01926
14 DHR 01982
14 DHR 02044
14 DHR 02367
14 DHR 02636
14 DHR 02947
14 DHR 03088
14 DHR 03089
14 DHR 03296
14 DHR 03335
14 DHR 03482
14 DHR 03521
14 DHR 03585
14 DHR 03644
14 DHR 04461
07/21/14
08/26/14
10/01/14
09/02/14
06/23/14
06/23/14
10/21/14
07/24/14
07/29/14
08/05/14
08/01/14
09/09/14
07/03/14
09/05/14
08/07/14
08/18/14
08/01/14
09/19/14
14 DHR 04606
10/08/14
14 DHR 04640
09/16/14
29:10
NORTH CAROLINA REGISTER
1223
NOVEMBER 17, 2014
CONTESTED CASE DECISIONS
Derrik J. Brown v. DHHS
Jacqueline McAdoo v. DHHS
Eva Lewis Washington, Successful Transitions LLC
Duke Raleigh Hospital, Designated Rep: Mary Planisek v. DHHS, Division of Medical
Assistance, Program Integrity Program
Muna Elmi v. DHHS
14 DHR 05065
14 DHR 05287
14 DHR 05447
14 DHR 06107
10/08/14
09/12/14
10/06/14
10/29/14
14 DHR 06563
10/13/14
Riki Paul Matsufugi Johnson v. NC Alarm Systems Licensing Board
Brian Louis Scott v. NC Private Protective Services Board
12 DOJ 09070
12 DOJ 10093
09/18/14
09/23/14
Stephen James Riley v. NC Sheriffs' Education and Training Standards Commission
William Dale Aaronson v. NC Sheriffs' Education and Training Standards Commission
Benjamin Lee Torain v. NC Private Protective Services Board
Jose Monserrate Acosta v. NC Private Protective Services
Kent Patrick Locklear v. NC Sheriffs' Education and Training Standards Commission
Michael Keith Fox v. NC Criminal Justice Education and Training Standards Commission
Michael Tyler Nixon v. NC Alarm Systems Licensing Board
Vincent Dale Donaldson v. NC Sheriffs' Education and Training Standards Commission
Garrett Dwayne Gwin v. NC Criminal Justice Education and Training Standards
Commission
Howard Ron Simons v. NC Sheriffs' Education and Training Standards Commission
William Richard Herring v. NC Sheriffs' Education and Training Standards Commission
Keith Lavon Mallory, Jr. v. NC Sheriff's Education and Training Standards Commission
Janet Staricha v. University of NC at Chapel Hill
13 DOJ 09572
13 DOJ 11693
13 DOJ 14220
13 DOJ 15271
13 DOJ 15368
13 DOJ 15453
13 DOJ 16246
13 DOJ 16255
13 DOJ 17240
10/30/13
01/07/14
12/11/13
12/11/13
01/03/14
05/27/14
11/25/13
04/14/14
06/10/14
13 DOJ 19148
13 DOJ 19149
13 DOJ 19152
13 DOJ 19693
06/20/14
09/18/14
08/20/14
06/06/14
Scott Eric Smithers v. NC Private Protective Services Board
Lisa Paulette Childress v. NC Sheriffs' Education and Training Standards Commission
Derek Andre Howell v. NC Sheriffs' Education and Training Standards Commission
Angela Renee Joyner v. NC Sheriffs' Education and Training Standards Commission
Dennis Kevin Creed v. NC Sheriffs' Education and Training Standards Commission
Jeremy Samuel Jordan v. NC Sheriffs' Education and Training Standards Commission
Orlando Rosario v. NC Criminal Justice Education and Training Standards Commission
Dierdre Aston Rhinehart v. NC Criminal Justice Education and Training Standards
Commission
Kenneth Lamont McCoy v. NC Alarm Systems Licensing Board
Brenda Louise Lassiter v. NC Criminal Justice Education and Training Standards
Commission
Donald Edward Cottle II v. NC Alarm Systems Licensing Board
Ossie James Adkins v. NC Alarm Systems Licensing Board
David R. Beatson v. NC Private Protective Services Board
James Cornelius Tatum, Jr. v. NC Sheriffs' Education and Training Standards Commission
14 DOJ 00728
14 DOJ 00869
14 DOJ 00871
14 DOJ 00873
14 DOJ 00878
14 DOJ 01203
14 DOJ 01519
14 DOJ 03523
07/31/14
07/07/14
08/22/14
06/23/14
05/23/14
06/12/14
09/15/14
09/16/14
14 DOJ 03904
14 DOJ 04104
07/17/14
09/17/14
14 DOJ 04127
14 DOJ 04129
14 DOJ 04313
14 DOJ 05715
08/27/14
08/29/14
09/04/14
10/07/14
14 DOL 05878
09/26/14
Reza M. Salami v. NC A&T State University, Retirement Systems Division
13 DST 09273
06/26/14
Ozie L. Hall v. Department of State Treasurer, Retirement Systems Division, Teachers' and
State Employees Retirement System
Lucy Hayes v. Department of State Treasurer, Retirement Systems Division
DG Gassaway v. NC Teachers and State Employees Retirement Systems
14 DST 02877
07/07/14
14 DST 03138
14 DST 06260
08/29/14
10/06/14
Isaac F. Pitts, Jr. v. Department of Public Instruction
Tara Jane Dumas v. Department of Public Instruction
Catherine Helgesen v. Department of Public Instruction, Licensure Section
13 EDC 11604
13 EDC 18876
13 EDC 20059
07/23/14
05/02/14
07/22/14
Crystal Arnae Kelly v. Department of Public Instruction
Barbara Cheskin v. Department of Public Instruction
14 EDC 03803
14 EDC 04962
09/05/14
10/06/14
13 EHR 13548
06/30/14
DEPARTMENT OF JUSTICE
29:04 NCR 465
29:03 NCR 373
29:06 NCR 692
29:02 NCR 213
29:01 NCR 74
29:05 NCR 572
29:01 NCR 79
29:07 NCR 877
29:08 NCR 992
29:09 NCR 1183
DEPARTMENT OF LABOR
Jacquelyn Thomas v. NCDOL
DEPARTMENT OF STATE TREASURER
STATE BOARD OF EDUCATION
29:10 NCR 1237
29:08 NCR 966
29:10 NCR 1244
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Certain Teed Corporation v. Department of Environment and Natural Resources, Division of
Water Resources
29:10
NORTH CAROLINA REGISTER
1224
NOVEMBER 17, 2014
CONTESTED CASE DECISIONS
Certain Teed Corporation v. Department of Environment and Natural Resources, Division of
Water Resources
NC Coastal Federation, Cape Fear River Watch, Penderwatch and Conservancy, Sierra Club
v. Department of Environment and Natural Resources, Division of Air Quality and
Carolinas Cement Company LLC
13 EHR 14024
6/30/14
13 EHR 17906
07/01/14
14 HRC 03220
08/20/14
14 INS 00275
14 INS 01413
08/07/14
09/18/14
14 LPC 03805
08/25/14
14 MIS 00113
14 MIS 01123
14 MIS 05200
08/25/14
08/26/14
09/16/14
Ricky Lynn Mason v. NC Correctional Institution for Women
10 OSP 07753
10/09/14
Peter Duane Deaver v. NC Department State Bureau of Investigation and NC Department of
Justice
11 OSP 05950
08/26/14
Azlea Hubbard v. Department of Commerce, Division of Workforce Solutions
12 OSP 08613
05/19/14
Mark Smagner v. Department of Revenue
Antonio Asion v. Department of Public Safety, et. Al.
Thomas Carl Bland v. NC Agricultural & Technical State University
Antonio Asion v. Department of Public Safety, et. Al.
Ricky Ward v. Department of Public Safety
Chauncey John Ledford v. Department of Public Safety
Mary S. Hardin v. Department of Public Safety
Harold Leonard McKeithan v. Fayetteville State University
Vicki Belinda Johnson v. DHHS
Lenton Credelle Brown v. Department of Public Safety, W. Ellis Boyle General Counsel
Cleveland Dunston v. DHHS
Kenneth Shields v. Department of Public Safety
Tammy Cagle v. Swain County Consolidated Human Services Board
Rena Pearl Bridges v. Department of Commerce
Barbara Hinton v. Surry County Health and Nutrition Center
Meg DeMay v. Richmond County Department of Social Services
Renecia Morgan v. Washington County Department of Social Services
Gregg Sipler v. University of NC at Greensboro
Josephine Keke v. DHHS
Carolyn Collins v. Department of Public Safety
13 OSP 05246
13 OSP 10036
13 OSP 11087
13 OSP 11386
13 OSP 11968
13 OSP 12223
13 OSP 13014
13 OSP 13380
13 OSP 13603
13 OSP 13729
13 OSP 14365
13 OSP 15762
13 OSP 15763
13 OSP 15896
13 OSP 16230
13 OSP 18084
13 OSP 18590
13 OSP 18692
13 OSP 19639
13 OSP 19827
12/05/13
05/09/14
10/30/13
05/09/14
05/14/14
12/31/13
07/10/14
12/03/13
08/08/14
05/16/14
06/23/14
02/26/14
12/19/13
02/19/14
02/12/14
07/02/14
04/21/14
04/21/14
04/17/14
07/11/14
29:04 NCR 471
29:05 NCR 593
29:06 NCR 697
29:05 NCR 593
29:05 NCR 615
29:03 NCR 381
29:10 NCR 1255
29:05 NCR 637
Joseph Vincoli v. Department of Public Safety
Rose Marie Johnson v. Durham County Department of Social Services
Pamela M. Walsh v. Deborah McSwain, (NC DPS), Department of Public Safety
Ralph Douglas Moody v. NC State Treasurer's Office, Deputy Treasurer Brenda Williams
Craig Williams v. Billy Deaver NCCU Superintendent, NC Central University of Building
Trades
Shaneda L. Gilliam v. Department of Public Safety, Division of Adult Correction
Crystal McLean v. Alicia Lopez, NC SCO/DOA, NC State Construction Office/Department
of Administration
Sion A. Moss III v. NC School for the Deaf
Teresa Wheeler v. County of Currituck-Currituck County Fire/EMS Department
Vickey A. Ingram v. CLT Transit Management of CLT Inc.
14 OSP 00389
14 OSP 01317
14 OSP 01345
14 OSP 01733
14 OSP 02111
04/10/14
07/21/14
09/25/14
09/24/14
06/06/14
29:02 NCR 218
14 OSP 02493
14 OSP 02944
10/21/14
07/01/14
14 OSP 02993
14 OSP 03688
14 OSP 05202
09/17/14
08/12/14
09/19/14
HUMAN RELATIONS COMMISSION
Shannon S. Smith v. Housing Authority of the Town of Mt. Airy
DEPARTMENT OF INSURANCE
Sandy T. Moore v. Blue Cross/Blue Shield NC, State Health Plan
Beryl Joan Waters v. NC State Health Plan
BOARD OF LICENSED PROFESSIONAL COUNSELORS
Beth Ford v. NC LPC Board
MISCELLANEOUS
William L. Harris v. NC Administrative Office of the Courts
Beth Ford v. Wake County Special Proceeding Court
Dammion C. Wright v. North Carolina Central University
OFFICE OF STATE HUMAN RESOURCES (formerly OFFICE OF STATE
PERSONNEL)
29:09 NCR 1091
29:06 NCR 705
29:01 NCR 84
29:04 NCR 480
29:01 NCR 95
29:03 NCR 388
29:06 NCR 719
29:08 NCR 983
29:07 NCR 885
29:08 NCR 973
29:10 NCR 1273
DEPARTMENT OF REVENUE
29:10
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CONTESTED CASE DECISIONS
C-Co Mini Mart Inc. v. Department of Revenue
Feeling Great Inc. v. Department of Revenue
Sleep Medical Center Inc. v. Department of Revenue
Curtis Leyshon v. Department of Revenue
Lisa Webb Leyshon v. Department of Revenue
13 REV 10490
13 REV 18080
13 REV 18081
13 REV 20016
13 REV 20017
09/10/14
07/23/14
07/23/14
08/29/14
08/29/14
Cyril Broderick, Jr. v. Department of Revenue
Kacey Suo v. Department of Revenue
P&P of Holden Beach Inc. or Rockfish Ventures 1 Inc.
C-Co Mini Mart Inc. v. Department of Revenue
14 REV 01773
14 REV 02878
14 REV 03901
14 REV 10490
06/24/14
10/14/14
08/05/14
08/01/14
Cheryl A. Tatum v. Department of Secretary of State
13 SOS 18521
06/09/14
Tonya Denise Pettaway v. Department of the Secretary of State
Anthony Garrard v. Secretary of State's Office
14 SOS 02369
14 SOS 03403
08/05/14
08/22/14
13 UNC 13904
10/03/14
14 WRC 01045
08/01/14
14 WRC 01348
08/01/14
29:07 NCR 891
29:07 NCR 891
OFFICE OF THE SECRETARY OF STATE
29:09 NCR 1176
UNC HOSPITALS
Sarah W. Robbins v. UNC Hospitals
WILDLIFE RESOURCES COMMISSION
People for the Ethical Treatment of Animals, Inc., Jacob Matthew Norris, and Julie
Coveleski v. North Carolina Wildlife Resources Commission and Gordon Myers,
as Executive Director, North Carolina Wildlife Resources Commission
People for the Ethical Treatment of Animals, Inc., Jacob Matthew Norris, and Julie
Coveleski v. North Carolina Wildlife Resources Commission and Gordon Myers,
as Executive Director, North Carolina Wildlife Resources Commission
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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NOVEMBER 17, 2014
CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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NOVEMBER 17, 2014
CONTESTED CASE DECISIONS
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NOVEMBER 17, 2014
CONTESTED CASE DECISIONS
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NOVEMBER 17, 2014
CONTESTED CASE DECISIONS
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NOVEMBER 17, 2014
CONTESTED CASE DECISIONS
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1250
NOVEMBER 17, 2014
CONTESTED CASE DECISIONS
29:10
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NOVEMBER 17, 2014
CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
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29:10
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29:10
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CONTESTED CASE DECISIONS
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CONTESTED CASE DECISIONS
29:10
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29:10
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NOVEMBER 17, 2014
CONTESTED CASE DECISIONS
29:10
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NOVEMBER 17, 2014
CONTESTED CASE DECISIONS
29:10
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NOVEMBER 17, 2014